Skip to main content

Full text of "North Carolina Register v. 1 no. 8 (11/14/1986)"

See other formats


(J u7 



C> -x. 



Z6^ 



^^^^fv^o 



The 



■'8 1385 



NORTH CAROLINA 

REGISTER 



IN THIS ISSUE 




EXECUTIVE ORDERS 
FINAL DECISION LETTER 
STATEMENTS OF ORGANIZATION 

PROPOSED RULES 

Agriculture 

Commerce 

General Contractors 

Human Resources 

Insurance 

NR&CD 

Nursing 

FINAL RULES 
Corrections 
Revenue 

LIST OF RULES AFFECTED 



ISSUE DATE: NOVEMBER 14, 1986 
Volume 1 • Issue 8 • Pages 554-598 



INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE 



NORTH CAROLINA REGISTER 

The North Carolina Register li published monihly and 
coniains informaiion relating lo agfincy. exccuiive. legislative and 
judicial actions required by or affecting Chapter I50B of the 
General Statutes All proposed administrative rules and amend- 
ments filed under Chapter I50B must be published m the Register. 
The Register will typically comprise approximate!) one hundred 
pages per issue of legal text. 

State law requires that a copy of each issue be provided free 
of charge to each county in the state and lo various state officials 
and institutions The North Carolina Register is available by 
yearly subscription at a cost of nineiy-five dollars i$95 00) for 
12 issues 

Requests for subscription to the North Carolina Register should 
be directed to the Office of Administrative Hearings. P O 
Drawer 11666. Raleigh, N C. 27604. Attn Subscriptions. 



ADOPTION, AMENDMENT, AND REPEAL OF RULES 

An agency intending to adopt, amend, or repeal a rule must 
first publish notice of the proposed action in the North Carolina 
Register The notice must include a reference to the Statutory 
Authority for the action, the time and place of the public hearing 
and a statement of how public comments may be submitted to 
the agency either at the hearing or otherwise, the text of the 
proposed rule or amendment; and the proposed effective date 

The Director of the Office of Administrative Hearings has 
authority to publish a summary, rather than the full text, of any 
amendment which is considered to be too lengthv [n such case, 
the full text of the rule containing the proposed amendment will 
be available for public inspection at the Rules Division of the 
Office of Administrative Hearings and ai the office of the 
promulgating agency 

Following publication of the proposal in the North Carolina 
Register, at least 60 days must elapse before the agency may take 
action on the proposed adoption, amendment or repeal 

When final action is taken, the promulgating agency must file 
any adopted or amended rule with the Office of .Administrative 
Hearings. If it differs substantially from the proposed form 
published as part of the public notice, the adopted version will 
again be published in the North Carolina Register 

A rule, or amended rule, cannot become effective earlier than 
the first day of the second calendar month after the adoption is 
filed. 

Proposed action on rules may be withdrawn by the pro- 
mulgating agency at any time before final action is taken by the 
agency. 



TEMPORARY RULES 

Under certain conditions of an emergency nature, some 
agencies may issue temporary rules A temporary rule becomes 
effective when adopted and remains in effect for the period 
specified in the rule or 120 days, whichever is less. An agency 
adopting a temporary rule must begin normal rule-making 
procedures on the permanent rule at the same time the temporary 
njle is adopted 



NORTH CAROLINA ADMINISTRATIVE CODE 

The North Carolina Administrative Code (NCAC) is 
compilation and index of the administrative rules of 25 stat 
agencies and 38 occupational licensing boards The NCAC 
comprises approximately 15.000 letter size, single spaced page; 
of material of which approximately 35^ is changed annually 
Compilation and publication of the NCAC is mandated by G S 
150B-63(b). 

The Code is div ided into Titles and Chapters Each state agenc\ 
IS assigned a separate title which is funher broken down b) 
chapters Title 2 I is dcsigna^id lor iKcupational licensing boards 

The NCAC is available in two I'lirmats. 

( 1 ) In looseleaf pages at a minimum cost of two dollars anc 
50 cents ($2 50) tbr 10 pages or less, plus fifteen cent 
($0 15) per each additional page 

(2) On microfiche The microfiche edition is revised sem: 
annually i March and Ocloberl and can be purchased fo 
fony dollars ($40 OOi per edition Due to the volutrx 
of the Code, the complete copy can only be purchased oi 
microfiche The NCAC on microfiche is updatet 
monthly by publication of a "List of Rules .Affected' 
which jets out rules filed the previous month, the actio 
taken, and the effective date of the change This list i 
published in the North Carolina Register 

Requests for looseleat pages of rules or the NCAC oi 
microfiche should be directed lu the Office of Administrativi 
Hearings 



NOTE 

The foregoing is a generalized statement of the procedures ti 
be followed For specific statutory language, it is suggested tha 
Articles 2 and 5 of Chapter 1508 of the General Statutes b 
examined carefully 



CITATION TO THE NORTH CAROLINA REGISTER 

The North Carolina Register is cited by volume, issue, pag 
number and date 1:1 NCR 101-201, April 1, 1986 refers t( 
Volume I . Issue I. pages 101 through 201 of the North Carolim 
Register issued on April 1. 1986. 



I 



North Carolina Register Published monthly by the 
Office of Administrative Hearings. P O Drawer 11666, 
Raleigh, .North Carolina 27604, pursuant to Chapter 150B 
of the General Statutes Subscriptions ninety-five dollars 
($95 00) per year. 

North Carolina Administrative Code Published in 
March and October by the Office of Administrative 
Hearings, P. O Drawer 1 1666, Raleigh, Nonh Carolina 
27604, pursuant to Chapter 150B of the General Sututes. 
Subscriptions forty dollars ($40 00) per edition. 






NORTH CAROLINA REGISTER 



ISSUE CONTENTS 




II, 



III. 



IV. 



Office of Administrative Hearings 
P. 0. Drawer 11666 
Raleigh, NC 27604 
(919) 733 - 2678 



Staff: 

Robert A. Melott, 

Director 
James R. Scarcella, 

Deputy Director 
Molly Mason, 

Codifier of Rules 
Ruby Creech, 

Publications Coordinator 
Mary Fowler, 

Editorial Assistant 
Teresa Johnson, 

Editorial Assistant 
Tammy Poole, 

Records Clerk 



V. 



VI. 



EXECUTIVE ORDERS 
Executive Orders 29 



FINAL DECISION LETTER 
Voting Rights Act . . 



554 



555 



STATEMENTS OF ORGANIZATION 
Alarm Systems Licensing . 556 
Private Protective 
Services 556 

PROPOSED RULES 

Agriculture 

Departmental 558 

Food and Drug 557 

Markets 559 

Standards Division . . . 558 
Structual Pest Control . 557 

Commerce 
Cemetary Commission . . . 559 
Savings and Loan .... 560 

General Contractors . . . 573 

Human Resources 
Health Services . . . . 563 

Insurance 
Building Code Council . . 564 
Medical Database .... 565 

Natural Resources and 

Community Development 
Coastal Management . . . 571 

Nursing 574 



FINAL RULES 
Corrections 

Prisons 

Revenue 
Individual Income Tax 



LIST OF RULES AFFECTED 
Volume 11, No. 1 . . . 
(November 1, 1986) 



VII. CUMULATIVE INDEX 



575 
593 

594 

596 



NORTH CAROLINA REGISTER 
Publication Deadlines and Schedules 
(April 1986 - March 1987) 



Issue 


Last Day 


Last Day 


Earliest 


Earliest 


Earliest 


Date 


for 


for 


Date for 


Date for 


Effective 




Filing 


Electronic 


Public 


Adoption 


Date 






Filing 


Hearing 


by Agency 




04/15/86 


03/25/86 


04/01/86 


05/15/86 


06/14/86 


08/01/86 


05/15/86 


04/24/86 


05/01/86 


06/14/86 


07/14/86 


09/01/86 


06/16/86 


05/27/86 


06/03/86 


07/16/86 


08/15/86 


10/01/86 


07/15/86 


06/25/86 


07/02/86 


08/14/86 


09/13/86 


11/01/86 


08/15/86 


07/28/86 


08/04/86 


09/14/86 


10/14/86 


12/01/86 


09/15/86 


08/26/86 


09/02/86 


10/15/86 


1 1^14/86 


01/01/87 


10/15/86 


09/25/86 


10/02/86 


11/14/86 


12/14/86 


02/01/87 


11/14/86 


10/23/86 


10/30/86 


12/14/86 


01/13/87 


03/01/87 


12/15/86 


11/25/86 


12/02/86 


01/14/87 


02/13/87 


04/01/87 


01/15/87 


12/29/86 


01/05/87 


02/14/87 


03/16/87 


05/01/87 


02/16/87 


01/26/87 


02/02/87 


03/18/87 


04/17/87 


06/01/87 


03/16/87 


02/23/87 


03/02/87 


04/15/87 


05/15/87 


07/01/87 



EXECUTIVE ORDERS 

EXECUTIVE ORDER NUMBER 29 

GOVERNOR'S TASK FORCE ON RACIAL, 

RELIGIOUS AND ETHNIC VIOLENCE 

AND INTIMIDATION 



It is the policy of the State 
of North Carolina to protect the 
right of every person in the 
State to live and work in peace 
and to be free of violence and 
intimidation, irrespective of 
race, religion or ethnic orgin. 

Therefore, by the authority 
vested in me as Governor by the 
Constitution and laws of North 
Carolina, it is ORDERED: 

Section 1 . There is hereby 
established the Governor's Task 
Force on Racial, Religious and 
Ethnic Violence and 
Intimidation . 

Section 2. The Task Force 
shall consist of eleven persons 
to be named by the Governor. 
Each such person shall serve for 
a term beginning immediately and 
expiring December 31, 1988. 

The Chairperson of the Task 
Force shall be named by the 
Governor. A Vice Chairperson 
and Secretary of the Task Force 
shall be elected by The Task 
Force members. 



Section 3. 
shall meet 
month, or 
desired by 



The Task Force 
at least once a 
as frequently as 
the Task Force 



members. The first meeting of 
the Task Force shall be held as 
soon as possible after the 
appointment of its members. 

Section 4. The Task Force 
shall perform such duties as are 
assigned to it by the Governor 
and shall work closely with the 
staff of the North Carolina 



Human Relations Council. The 
following shall be among its 
duties : 

(a) Establish a uniform 
statewide system for reporting 
and recording incidents of 
racial, religious or ethnic 
violence and intimidation; 

(b) Establish a statewide 
network through which 
information about hate group 
activity may be shared and used 
by organizations and agencies 
concerned with this problem; 

(c) Establish a statewide 
assistance and support network 
for victims of racial, 
religious and ethnic violence 
and intimidation; 

(d) Study present 
policies, procedures and laws 
concerning hate group 
activities and recommend 
changes or additions where 
necessary; 

(e) Educate the public 
and law enforcement officials 
about racial, religious and 
ethnic violence and 
intimidation and provide 
counsel and advice to them in 
responding to hate group 
presence and activity. 

Section 5. While on official 
business, members of the Task 
Force shall be entitled to such 
per diem and reimbursement for 
travel and subsistence as may be 
authorized for members of State 
Boards and Commissions 
generally. The North Carolina 
Human Relations Council staff 
shall provide the planning and 
administrative support for the 
Task Force. 

Section 6. This Order shall 
become effective immediately and 
shall remain in effect until 
modified or rescinded by further 
Executive Order. 

Done in Raleigh, North Carolina, 
the 2nd day of October, 1986. 



NORTH CAROLINA REGISTER 



554 



VOTING RIGHTS ACT FINAL DECISION LETTER 



[G.S. 120-30. 9H, effective July 16, 1986, requires that all letters 
and other documents issued by the Attorney General of the United 
States in which a final decision is made concerning a "change 
affecting voting" under Section 5 of the Voting Rights Act of 1965 be 
published in the North Carolina Register.] 

U.S. Department of Justice 
Washington, D.C. 20530 

WBR:MAP:TGL: jmc:gmh 
DJ 166-012-3 
P6334-6335 
P9421 



September 2, 1986 

David A. Holec, Esq. 
City Attorney 
P.O. Box 1388 
Lumberton, NC 28359-1388 

Dear Mr. Holec: 

This refers to the June 16 and July 21, 1986, annexations 
to the City of Lumberton in Robeson County, North Carolina, submitted 
to the Attorney General pursuant to Section 5 of the Voting Rights Act 
of 1965, as amended, 42 U.S.C. 1973c. We received your submissions on 
July 1 and August 1, 1986. 

The Attorney General does not interpose any objections 
to the changes in question. However, we feel a responsibility to 
point out that Section 5 of the Voting Rights Act expressly provides 
that the failure of the Attorney General to object does not bar any 
subsequent judicial action to enjoin the enforcement of such changes. 
In addition, as authorized by Section 5, the Attorney General reserves 
the right to reexamine this submission if additional information that 
would otherwise require an objection comes to his attention during the 
remainder of the sixty-day review period. See the Procedures for the 
Administration of Section 5 (28 C.F.R. 51.42 and 51.48). 

Sincerely, 

Wm . Bradford Reynolds 
Assistant Attorney General 
Civil Rights Division 



By: 



Gerald W. Jones 
Chief, Voting Section 



555 



NORTH CAROLINA REGISTER 



STATEMENTS OF ORGANIZATION 

ALARM SYSTEMS LICENSING BOARD 

The Alarm Systems Licensing 
Board (ASLB) is established 
within the North Carolina 
Department of Justice for the 
purpose of administering the 
licensing of and setting the 
educational and training 
requirements for persons, firms, 
associations and corporations 
engaged in providing alarm 
systems and services to citizens 
of North Carolina. 

This Board consist of five 
members appointed by the 
Attorney General, Governor, 
President of the Senate and 
Speaker of the House. 

The Board's administrative 
offices, the Board's records, 
the Administrator and staff are 
located in the State Bureau of 
Investigation (SBI) Headquarters 
at 3320 Old Garner Road, 
Raleigh, NC 28626, Phone Number 
919/779-1611. Normal office 
hours are Monday through Friday, 
8:00 a.m. to 5:00 p.m. All 
business transactions should be 
referred to the administrator in 
the administrative offices. 



Alarm Systems Licensing Act 
(NCGS 7^D) . 

PRIVATE PROTECTIVE SERVICES 
BOARD 

The Private Protective Services 
Board (PPSB) is established 
within the North Carolina 
Department of Justice for the 
purpose of administering the 
licensing, setting education and 
training requirements for 
persons, firms, associations and 
corporations engaged in the 
Private Protective Services 
business within the State of 
North Carolina. 

This Board consist of ten (10) 
members appointed by the 
Attorney General, Governor, 
President of the Senate, Speaker 
of the House and President Pro 
Tempore of the Senate . 

This Board's administrative 
offices, the Board's records, 
the Administrator and staff are 
located in the State Bureau of 
Investigation (SBI) Headquarters 
at 3320 Old Garner Road, 
Raleigh, North Carolina 28626, 
Phone Number 919/779-1611. 
Normal office hours are Monday 
through Friday, 8:00 a.m. to 
5:00 p.m. All business 
transactions should be referred 
to the administrator in the 
administrative offices. 



Background investigations, 
complaint inquiries and audits 
of business records of licensees 
and other business transactions 
originate in the headquarters 
and are assigned to the 
appropriate field investigator 
whose offices are location in 
the SBI District Offices in 
Kannapolis, Greensboro, 

Jacksonville, Asheville and in 
the Board's administrative 
offices in Raleigh. 

The results of and action 
required in connection with the 
investigations, inquiries, 
audits and other business are 
reported to the Board during 
their regular meetings the 
second Tuesday of every other 
month . 

The Attorney General, or his 
representative, the Private 
Protective Services Board and 
the Administrator share in the 
administrative, investigative 
and prosecutional power of the 



Background investigations, 
complaint inquiries and audits 
of business records, and other 
board business transactions, 
originate in the headquarters 
and are assigned to the 
appropriate field investigator 
whose offices arc located in the 
SBI District offices in 
Kannapolis, Greensboro, 

Jacksonville, Asheville and the 
administrative offices in 
Raleigh . 

The results of and action 
required in connection with 
these investigations, inquiries 
and audits are reported to the 
Board during their regular 
meeting every six weeks. 

The Attorney General, or his 
representative, the Private 
Protective Services Board and 
the Administrator share in the 
administrative, investigative 
and prosecutional power of the 
Private Protective Services Act 
(NCGS 74C). 



NORTH CAROLINA REGISTER 



556 



PROPOSED RULES 

TITLE 2 - DEPARTMENT OF 
AGRICULTURE 

Notice is hereby given in 
accordance with G.S. 150B-12 
that the Board of Agriculture 
intends to amend regulations 
cited as 2 NCAC 98.0022(12); 
.0032; 9K .0206(b) and (e); 34 
.0602(a); .0904(9); 36 .0002(a) 

38 .0201; 0301; .0401; 

2 NCAC 9C .0601 and 43 
and repeal 2 NCAC 36 



SUBCHAPTER 9C -CURRENT GOOD 
MANUFACTURING PRACTICES 
FOR SPECIFIC FOOD INDUSTRIES 



SECTION .0600 



PROCESSING 
OF EGGS 



and (c); 
to adopt 
M .0001; 
.0003. 



The proposed effective date of 
this action is April 1, 1987. 



Statutory Authority; 81A-2 
81A-4; 106-2; 106-4; 106-12 
106-22; 106.65.29; 106-131 
106-139; 106-245.16; 106-245.21 
106-248; 106-253; 106-267 
150-10; 150B-14; 150B-62. 

The hearing will be conducted at 
10:00 a.m. on January 14, 1987 
at Board Room, Agriculture 
Bldg., 1 W. Edenton St., 
Raleigh, N.C. 

Comment Procedures: Interested 
persons may present statements 
either orally or in writing at 
the public hearing or in writing 
prior to the hearing by mail 
addressed to David S. Mcleod, 
Secretary of the North Carolina 
Board of Agriculture, P.O. Box 
27647, Raleigh, North Carolina 
27611 . 

CHAPTER 9 - FOOD AND DRUG 
PROTECTION DIVISION 

SUBCHAPTER 9B - RULES AND 
STANDARDS ADOPTED BY REFERENCE 

.0022 FOOD FOR HUMAN 
CONSUMPTION 

The food and drug protection 
division adopts by reference the 
following parts and subparts of 
the Code of Federal Regulations, 
Title 21, Subchapter B (Food for 
Human Consumption), as 
promulgated by the Commissioner 
of the Food and Drug 
Administration under the 
authority of the Federal Food, 
Drug and Cosmetic Act: 

(12) ++6 Ca c a o Pr o duc t s tmd 
C o nf ect i o n e ry 

.0032 EFFECTIVE DATE FOR 

ADOPTIONS BY REFERENCE 

All documents adopted by 
reference in 2 NCAC 9B shall be 
those documents in effect as of 
July January 1 , 1906 1987. 



.0601 COMMINGLING OF SHELL 

AND EGG PROHIBITED 
No person shall process any 
eggs for human food in any 
manner which: 
( 1 ) does not allow 

examination of the content of 
individual eggs being 
processed; and 
(2) allows egg content to 

commingle with the egg shell 
or shell membrane during 
processing . 

SUBCHAPTER 9K - SAMPLING AND 
TESTING OF MILK AND CREAM: 
FROZEN DESSERTS 

SECTION .0200 - FROZEN 
DESSERTS 

.0206 FROZEN DESSERT 
MIX/STANDARDS FOR USE 

(b) A person shall not 
distribute, sell or offer for 
sale any frozen dessert mix, 
other than yogurt mix or 
ultra-pasteurized frozen dessert 
mix, that is or has been frozen. 

(e) Yogurt mix and ultra- 
pasteurized frozen dessert mix 
may be frozen at the point of 
manufacture. Ultra-pasteurized 
frozen dessert mix mav be 
transferred to a retail outlet 
refrigerated or frozen. Prior 
to transferring to a retail 
outlet, the distributor must 
thaw the frozen mix under 
refrigeration temperatures of 35 
degrees F. to 40 degrees F. 
Nothing herein shall be deemed 
to prohibit the department from 
considering a retail outlet to 
be a distributor if such outlet 
has sufficient and adequate 
refrigeration equipment to 
properly thaw the yogur t frozen 
mix as required by this Section. 

CHAPTER 34 - STRUCTUAL PEST 
CONTROL DIVISION 

SECTION .0600 - WOOD-DESTROYING 
ORGANISM AGREEMENTS 

.0602 WOOD-DESTROYING INSECT 
AND OTHER ORGANISM REPORTS 

(a) Any written statement as 
to the presence or absence of 
wood-destroying insects or their 
damage in buildings or 
structures for sale shall be on 
a f o rm ( s ) pr e scribed by t he 
c omm i tte e Form SP-100, "North 
Carolina Wood-Destroying Insect 
Information Report." Incomplete 



557 



NORTH CAROLINA REGISTER 



or inaccurate Wood-Destroying 
Insect Reports shall not be 
acceptable and the issuance of 
such reports is grounds for 
disciplinary action by the 
committee . No Wood-Destroying 
Insect Reports or 
Wood-Destroying Organism Reports 
shall be issued before an 
inspection of the building or 
structure is made. Each 
Wood-Destroying Insect Report 
issued by a licensee shall be 
kept in the files of said 
licensee and made available, at 
the request of the enforcement 
agency, for inspection. 

SECTION .0900 - DUTIES AND 
RESPONSIBILITES OF LICENSE 

.0904 PROHIBITED ACTS 
(g) No certified applicator, 
licensee or his employees shall 
represent to any property owner 
or his authorized agent or 
occupant of any structure that 
any specific pest is infesting 
said property, structure, or 
surrounding areas thereof, -rf 
unless strongly supporting 
visible evidence of such 
infestation , d o c;s rrerfc exist s_^ 

CHAPTER 36 - DEPARTMENTAL 
ORGANIZATION AND PROCEDURES 

.0002 RULE MAKING AND 

ADMINISTRATIVE PROCEDURES 

(a) The Model Adminis t ra t iv e 
rroceduri : iFor Rule Halting arrd 
H e arings Rules of Administrative 
Procedures , codified as Title 
22, Subchapters 2B and 2C of the 
North Carolina Administrative 
Code, effective September 29, 
1980, as anended through 
Dec e mb er 3-r -W-fr& October 23, 
1 986, is hereby adopted to apply 
to actions of the North Carolina 
Department of Agriculture. 

(c) Copies of 22 NCAC, 
Subchapters 2B and 2C and 22 
NCAC 2A .0005 may be inspected 
in the Office of the 
Commissioner of Agriculture, 1 
West Edenton Street, Raleigh, 
North Carolina. Copies may be 
obtained at a cost as determined 
by the publisher by contacting 



from the 
Administrative 
Sec t ion erf 
General ' *. 



Office 



of 



Pr o cedu re s 
■the A tt orney 
Offi ce , +^ 
Hearings, 424 N. 
Blount Street, Raleigh, North 
Carolina. , for a char g e xrf four 
dollars (04.00) . 

.0003 AUTOMATIC TERMINATION 

OF SECTIONS (REPEALED) 



CHAPTER 38 



STANDARDS DIVISION 



SECTION .0200 - APPROVAL OF 

WEIGHING AND MEASURING DEVICES 

.0201 ADOPTION BY REFERENCE 
The board hereby adopts the 
National Bureau of Standards, 
Handbook 44, +9^6 1987 edition, 
"Specifications, Tolerances, and 
Other Technical Requirements for 
Weighing and Measuring Devices" 
except as otherwise indicated in 
this Chapter. The t olerances 
sec t ion rrf G e c t ion 5 . 5 6 rrf 
Hnndbo ci k 44 , relatin g tro Grain 
M o istu re me te rs, -is s pe cifically 
Tttrt included -in t his adoption by 
r e f ere nc e . 

Copies of the above are 
available for inspection in the 
Office of the Director of the 
Standards Division and may be 
obtained at a cost of tv;elv e 
fifteen dollars (012.00) 
($15.00) per copy by contacting 
the publisher at the following 
address: National Bureau of 
Standards, Department of 
Commerce, U.S. Government 
Printing Office, Washington, 
D.C. 

SECTION .0300 - PACKAGE AND 

LABELING REQUIREMENTS 

.0301 ADOPTION BY REFERENCE 
The following are adopted by 
reference as standards for 
packaging and labeling and for 
determining compliance of 
packaged goods with net 
contents labeling requirement: 

(1) National Bureau of 
Standards, Handbook 130, 1 9 06 
1 987 edition, "Packaging and 
Labeling Regulation," with 
the exception of Sections 13, 
14, and 15 of the "Packaging 
and Labeling Regulation" 
which are deleted; 

(2) National Bureau of 
Standards, Handbook 133, 
Second Edition "Checking the 
Net Contents of Packaged 
Goods" . 

Copies of Handbook 130 
and handbook 133 are available 
for inspection in the Office of 
the Director of the Standards 
Division and may be obtained at 
a cost of s e ven ten dollars 
(G7.0 -e^ ($10.00) and nine 
dollars ($9.00), respectively, 
per copy, by contacting the 
publisher at the following 
address: National Bureau of 
Standards, Department of 
Commerce, U.S, Government 
Printing Office, Washington, 
D.C. 

SECTION .0400 - METHOD OF SALE 
OF COMMODITIES 

.0401 ADOPTION BY REFERENCE 



NORTH CAROLINA REGISTER 



558 



The board hereby adopts the 
National Bureau of Standards, 
Handbook 130, 1 9 0G 1987 edition, 
"Method of Sale of Commodities 
Regulation" with the following 
additions and exceptions to the 
+9©6 1987 "Method of Sale of 
Commodities Regulation:" 

(1) Delete Section 1. 2., 
"Bread", since this is 
addressed in General Staute 
81A-41 . 

(2) The preferred method for 
measuring fireplace and stove 
wood is by the cord or 
fractional parts of a cord, 
however, nothing in Section 
2.3, "Fireplace and Stove 
Wood", shall be construed as 
preventing the purchaser and 
seller of fireplace or stove 
wood from agreeing on a 
guantity other than a cord or 
fractional parts of a cord. 

(3) Sections 2.9. , 2.11., 
2.19., 4., and 5. are 
deleted . 

(4) Section 2.18 applies only 
to kerosene sold in a 
container or kerosene sold 
through a retail device. In 
addition, a container or a 
device shall clearly and 
conspicuously indicate for 
1-K kerosene "SUITABLE FOR 
USE IN UNVENTED HEATERS" and 
for 2-K kerosene "MAY NOT BE 
SUITABLE FOR USE IN UNVENTED 
HEATERS . " 

CHAPTER 43 - MARKETS 

SUBCHAPTER 43M - PROCESSING 

OF EGGS 

.0001 COMMINGLING OF SHELL 
AND EGG PROHIBITED 

No person shall process any 
eggs for human food in any 
manner which: 

(1) does not allow examination 
of the content of indivudual 
eggs being processed; and 

(2) allows egge content to 
commingle with the egg shell 
or shell membrane during 
processing . 

TITLE 4 - DEPARTMENT OF 
COMMERCE 

Notice is hereby given in 
accordance with G.S. 150B-12 
that the Cemetery Commission 
intends to adopt regulation 
cited as 4 NCAC 5D .0106 and 
amend regulations cited as 4 
NCAC 5D .0202 and .0204. 

The proposed effective date of 
this action is April 1, 1987. 



Statutory 
65-66. 



Authority ■■ 



65-49, 



The public hearing will be 
conducted at 10:00 a.m. on 
January 15, 1967 at Room 2063, 
Dobbs Building, Salisbury 
Street, Raleigh, NC . 

Comment Procedures: Written 
comments may be sent to the 
Cemetery Commission, Post Office 
Box 25249, Raleigh, North 
Carolina 27611. Requests for 
opportunity to present oral 
testimony and a summary of the 
testimony must be received at 
this address by January 12, 
1987. 

CHAPTER 5 - CEMETERY COMMISSION 

SUBCHAPTER 5D - TRUST FUNDS 

SECTION .0100 - MAINTENANCE AND 
CARE FUNDS (PERPETUAL 
CARE FUNDS) 

.0106 CONTRACT DISCLAIMER 
Each contract for the sale of 
a grave space, mausoleum niche 
or crypt shall state that the 
amount deposited in a perpetual 
care trust fund from the 
proceeds of the sale are for the 
perpetual care of the grave 
space, mausoleum niche or crypt 
only and does not include 
deposits which may be 
subsequently required for 
perpetual care of monuments, 
markers or other merchandise. 

SECTION .0200 - PRE-NEED 
CEMETERY MERCHANDISE: 
PRE-CONSTRUCTED MAUSOLEUMS 
AND BELOW GROUND CRYPTS 
TRUST FUNDS 

.0202 DELIVERY 

(a) Vaults and crypts shall 
not be considered delivered 
unless installed or stored on 
the cemetery premises. If 
vaults are not to be installed, 
contract must so state in bold 
print that purchaser has 
accepted above ground delivery. 
If vault is to be installed, 
then the contract must be broken 
down into sales cost and 
installation cost. 

(b) Markers, bases and vases 
shall not be considered 
delivered unless installed or 
stored at the cemetery or if 
stored off premises bv a 
suppl ier , there shall be no 
additional charge for delivery 
or freight, unless specified in 
bold print in the contract. No 
person, firm or corporation 
shall be deemed a supplier for 
purposes of this rule unless it : 

( 1 ) permanently and 



559 



NORTH CAROLINA REGI"TER 



unalterably identifies each 
such merchandise item with 
the name of the purchaser; 
and when the item is 
manufactured and placed into 
the storage facility a 
Certificate of Title is 
prepared and issued to the 
lot owner through the 



cemetery; 
(2) submits to the Cemetery 



Commission not 1 e s t 



than 



annually 



report by 



certified public accountant 
of each merchandise item 
which has been purchased 
throucrh a North Carolina 
cemetery company and which, 
at the date of such report, 
was then in storage; 

(3) permits the Cemetery 
Commission or its designee, 
at any time, to examine all 
stored merchandise which was 
purchased through any North 

Carol ina cemetery and to 

examine any document 

pertaining thereto; 

(4) submits evidence of a bond 
insuring the existing and 
good title of any 



merchandise 



due 



any 



purchaser purchased through 
a North Carolina cemetery 

company; and which 

u nconditionally guarantees 
to the North Carolina 
Cemetery Commission prompt 
delivery of an owner's 
merchandise item; 
(5) submits evidence insuring 



that 



all 



merchandise 



purchased through a North 
Carolina cemetery company is 
insured for fire, casualty, 
theft or other loss normall y 
assumed by a bailee for 
hire ; 
(6) submits a certified 

financial statement of the 



applicant company at the 
time of application for 

storage approval and 

annually thereafter for the 
approval of the Commission. 
(c) if opening and closing of 
crypts at the time of interment 
are not included in the cost of 
this merchandise, then it must 
be so stated in bold print on 
the contract . 

.0204 INTEREST 

(a ) -tf mo ne y -is e s c r o wc - d in t o 
■a trust a cco un t for individual 
c on t i ai-l;, witrh d e posi t s jmd 
wi t lidrawals keyed r e sp ec tfully 
tro paymcnt-s and d c liv e iius trc 
caiii^ e lla t ioiii; on d ndivudual 
contracts y t+rc in te r e st sliall ire 
■ail-ovrcxi -txr ac c ui i iul -a-tT; st5 iontj its 
tire principal tr> whxtrh irt -is 
y fc tr ibutable r e mains on deposit 
■in -Hrer t rust ac co un t ■ Wh e n 



pr incipal -irs wi t hdrawn from a 
tr us t acc o un t for which deposi t s 
and wi t hdrawals ar e keyed try 
indiv idual accoun t s -in t he 
mann e r d e scribed -in Subsec t ion 
-(-a-> xrf -thirs Rul e , in te res t 
earned by -Hre wi t hdrav;n 
pr incipal may aistj be withdrawn . 
■<rir> i^ m on e y irs escrowed into 
a tr ust account -in a blanket -stnn 
sufficient ttj cover all 
coutr acts frrr preneed 
mc rcliandis e and s e rvices, wliere 
d epo si t s and withdrawals are no-t 
math? acc o rding to paym e n ts , 
d e liv e ries, cancella t ions, or 
ot+ter activity on individual 
c on t rac t s, t^rcn "Hte in te r e s t 
mtrst accumulat e until xt e quals 
one lialf trf th« principal . 
Af te r irt re aches one half o^f t+te 
principal , t h e n aii in t er e s t 
ov e r th e hatf may ire wi t hdrawn . 

.0204 EXCESS FUNDS 

(a^ If money is escrowed into 
a trust account for contracts 
for preneed merchandise and 
services, excess interest may be 
withdrawn quarterly so long as 
the amount on deposit for each 
contract equals at least 60^ of 
the proceeds received on account 
of contracts for the sale of 
such merchandise or 125^ of the 
current wholesale cost of such 
merchandise as determined by the 



comm 1 s sion. 



whichever 



is 



greater . 

(b) The current wholesale cost 
as determined by the commission 
shall be the highest wholesale 
cost for each category of such 
merchandise charged in North 
Carolina by a vendor of such 



merchandise 



whose 



sales 



to 



cemeteries in North Carolina 
exceeded 200 units of such 
merchandise during the preceding 
year . 

Notice is hereby given in 
accordance with G.S. 150B-12 
Savings and Loan 
intends to amend 
cited as 4 NCAC 1 6D 



that the 
Division 
regulation 
.0302. 



The proposed effective date of 
this action is March 1, 1987. 



Statutory 
54B-55. 



Authority : 



G.S. 



The public hearing will be 
conducted at 10:00 a.m. on 
December 15, 1986 at Room 4205, 
Dobbs Building, Salisbury 
Street, Raleigh, NC . 

Comment Procedures: Written 

comments may be sent to Savings 

and Loan Division, P. 0. Box 

M-27945, Raleigh, NC 27611. 



NORTH CAROLINA REGISTER 



560 



Request for opportunity to 
present oral testimony and a 
summary of the testimony must be 
received at this address by 
December 10, 1986. 

CHAPTER 16 - SAVINGS AND LOAN 

DIVISION: SAVINGS AND LOAN 

COMMISSION 

SUBCHAPTER 1 6D - OPERATION OF 
SAVINGS AND LOAN ASSOCIATIONS 



SECTION .0300 



RECORDS 



to 

by 



.0302 RETENTION: REPRODUCTION 
AND DISPOSITION OF 
RECORDS 

(a) Each association shall 
take reasonable precautions 
protect records from damage 
fire, flood or other hazards, 
and to safeguard records from 
unnecessary deterioration as a 
result of excessive heat, 
humidity, dryness or lack of 
proper ventilation. Adequate 
safeguards shall be maintained 
to protect records from access 
or removal by unauthorized 
persons . 

(b) Each association or branch 
office thereof shall retain all 
the records set forth in this 
Paragraph for at least the 
periods specified. 

RECORDS TO BE--MINIMLTi RETENTION 
RETAINED PERIOD (YRS.) 

CORPORATE 

Audit Reports P 3 

Pension Trust (IRS 

Ruling, Bylav;s, 

Trust Agreements) P T+5 

Annual Reports to 

Supervisors P 5 

Examination Reports and 

Supervisory Letters P 5 

Minute Books (Members, 

Stockholder, Directors 

and Committees) P 

Charter, Bylaws and 

Amendments P 

Blanket Bonds P T+5 

Ballots and Proxy 

Votes of Members 

and Stockholders 3 

Certificate of 

Insurance P 

FHLB Membership 

Certificate P 

Attachments, Executions 

and Releases 3 

Claims. Court Orders and 

Restraining Orders 10 

Deeds, Leases and 

Contracts; Titles 

to Vehicles P T+S 

U.S. Corporate Income 

Tax Forms 15 

N.C. Corporate Ta.x 

Forms 15 

Social Security and 



Unemployment Tax 

Records 15 

Personal Property 
Tax Records 15 

ACCOUNTING /ASSOCIATION 
Bank Statements and 

Reconcilements ■? 5 

Cancelled Checks +5 5 

Check Vouchers or 

Stubs +5 5 

Duplicate Deposit 

Slips 9 5 

Expense and Paid 

Bills File 9 3 

FHLB and State 

Reports P 5 

General and 

Subsidiary Ledgers P 

General and 

Other Journals P 

Original Entry 

Records +5 5 

Pre -authorized 

Bank Forms ■^ 5 

Tellers' Cash 

Proof Sheets 2 

Trial Balances 2 3 

WITHDRAWABLE ACCOUNTS 

Deposit 3 5 

Inheritance Tax 

Releases 10 

Cancelled Savings 

Certificates +3 5 

Withdrawable Slips 

or Checks +3 5 

Affidavits for Lost 

Passbook or Certificate P 

Lost Instrument Bonds 

for Passbooks or 

Certificates P 

Power of Attorney 

or Affidavits P 

Signature Card 

Files T+ 6 5 

Savings Certificates 

Voucli c rs rrr S t ubs 

Record of Issue. . . . 20 T+5 
Withdrawable Account 

Loan Notes R 

Withdrawable Account 

Loan Disclosures After 

Note "Paid" 2 

Withdrawable Account 

Assignment or Transfer 

Records Se P 

Returned 1 099 Forms 6 

No-Mail Notice T+4 

MORTGAGE LOANS 

Loan Register P 

Mortgage Loan 

Disclosure Statement 

(Form HMDA-1 ) 5 

Commitments T+3 

Signature Cards T+3 

Construction Loan 

Agreement T+3 

Esc ro w Ag r e e ment s T+-3 

Cost Estimates T+3 

Inspection Reports T+3 

Waiver of Liens T+3 

Paid Bills for 



561 



NORTH CAROLINA REGISTER 



Borrowers' Construction... T+3 
Affidavits T+3 

MeRTSASE L OANS (AFTER PAID OFD 

Collection Records T+ 3 

FHA Insurance 

Receipts T+ 3 

Applications T+ 3 

Appraisals T+ 3 

Construction Loan 

Authorizations T+ 3 

Credit Reports T+ 3 

Escrow Agreements 

and Records T+ 3 

Title Opinions T+ 3 

Disclosure and 

Recision T+ 3 

Flood Insurance 

Documentation T+ 3 

Additional Collateral 

Agreement T+ 3 

Settlement Statement T+ 3 

Correspondence T+ 3 

Modifications T+ 3 

LOANS (Commercial, Consumer 
Credit, Credit Cards ) 
Borrowers' Statement... T+ + 3 
Posting or Transaction 

Journal + 3 

Loan Proceeds 

Disbursement 

Records T +3 

Interest Rebate 

Record + T-t-3 

Loans Made 

Record T+ 3 

Loans Paid 

Record T+ 3 

Liability Card 

and/or Ledger T+ 5 3 

Loan Ledger 

Cards T+ 5 3 

Note and/or 

Loan Register +& P 

Resolutions T+ 5 3 

Charged-off Loan 

Records 10 

Collateral Records 10 

Disclosure Document 2 

CREDIT GAR BS 
Customer 

Application T+1 

Res o lu t i o ns T * 5 

Sales Ticket or 

Drafts -Credit Card. . . 5 3 
Statement of 

Account - Credit Card 5 

Post iiig or 

Transactions Journal + 

Charyed off 

Loan Re c ords +0 

Merchant Agreement 

-Credit Card T+ 5 2 

REAL ESTATE OWNED 
Trustee ' s 

Report T+ 6 3 

Appraisal T+ 6 3 

Contracts for 

Sale T+ 6 3 

Leases T+ 6 3 

Tax Records T+ 6 3 

Deeds T+ 6 3 



PMI Claims T+ 6 3 

Notice of Intent 

to Foreclose T+ 6 3 

Title Policies T+ 6 3 

INSURANCE 

Public Liability- 
Workers Compensation 10 

Fire and Extended 
Coverage, Auto Errors 
and Omissions 3 

Directors and 
Officers Liability 10 

MISCELLANEOUS 

Savings Bonds 

Applications 2 

Duplicate Stubs 2 

Letter of 

Transmittal of 

Bonds Redeemed 2 

Monthly Report of 

Sales and 

Holdings 2 

Travelers Checks 

Applications 2 

Consignment Receipts 2 

Personnel Records 

Time Cards +9- 3 

Group Insurance 

Records T+6 

Employment Applications 

1 . Hired T+3 

2. Not Hired 3 

Payroll Records 10 

Safe Deposit Boxes 

Rent Receipts 5 3 

Lease Contracts P T+3 

History Cards P 

Investments 

Register P 

Purchase and 

Sale T+ 6 3 

Safe -Keeping 

Receipts T+ 6 3 

Mail Register 3 

General Correspondence 3 

OSHA 

OSHA Records and 
Reports 6 

Purchases, Sales and 
Participation 

Agreement T+ ? 3 

Sale List T+ t' 3 

Remittance Report T+ ■? 3 

All Retirement Plan Accounts 
All Related Forms 
and Documents T+7 

Keogh 
Consen t to 

Par t icipa te T i 7 

Adop t i o n Agree m en t T l 7 

Designati o n of 



NORTH CAROLINA REGISTER 



562 



Ben e ficiary T i 7 

Re m i tt anc e xr£ Trust 
Con t ribution 7+-? 

Participat e T i 7 

iRS frnrm 5305, 

Trus t Ac)reei i ient T I 7 

D e si g nation o^ 

Disnef iciary T-H? 

Foxm 990 r T+t' 

Plan Summary T-t-? 

+e99 R OTT W 2p ^F+^ 

KEY TO SYMBOLS USED 

P - Permanent 

T - Termination (Closed, 
Paid-off or Settled) 

R - Return to Customer 

After Termination of 
Contractual Relationship 

■(-c-> No fc hii ' i c j in tliis Rul e shall 
proliibit any associa t i o n rrc 
branch offic e thereof from 
ke e pin g and main t ainincf any arrd 
all o-f it^ rec o rds for a l o nge r 
period ox t inie tlian the t ime 
■se-t — forth as "Hre i etention 
peri o d in Paragraplt (b ) o^ t his 
Rul e. 

-(-d4 Notliing in t his Rul e shall 
pro hibi t any association or* 
branch o ffice t h e re o f from 
caus ing any or al 1 or it s 
records, whe t h e r p ermanen t 
records or r e cords d e signa t ed to 
hrs retained for a minimum p e riod 
of t ime , -to be recorded, copied 
or repr o du ce d by any 
ph o t o graphic , pho t os t a t ic , or 
miniature photographic process 
vjlii c h is in common and general 
trso and w hicli f oiins a medium for 
copyin g or reproducing t+to 
original records on a film or 
o th er durabl e ma te rial as 
provided by Subsec t ion (d ) of 
e-rS^ 54D 55. 

TITLE 10 - DEPARTMENT OF HUMAN 
RESOURCES 

Notice is hereby given in 
accordance with G.S. 150B-12 
that the Department of Human 
Resources intends to adopt 
regulation cited as 10 NCAC 7A 
.0503. 

The proposed effective date of 
this action is March 1, 1987. 

Statutory Authority: 1986 
Session Laws, Chapter 1008, 
Section 2. 

The public hearing will be 
conducted at 1:30 p.m. on 
December 17, 1986 at Highway 
Building, Auditorium (First 
Floor), 1 South Wilmington 
Street, Raleigh, North Carolina. 



Comment Procedures: Any person 
may request information or 
copies of the proposed rule by 
writing or calling John P. 
Barkley, Agency Legal 
Specialist, Division of Health 
Services, P. 0. Box 2091, 
Raleigh, North Carolina 
27602-2091, (919) 733-3131. 
Written comments on this subject 
may be sent to Mr. Barkley at 
the above address. Written and 
oral (for no more than ten 
minutes) comments on this 
subject may be presented at the 
hearing. Notice should be given 
to Mr. Barkley at least three 
days prior to the hearing if you 
desire to speak. 

CHAPTER 7 - HEALTH: EPIDEMIOLOGY 

SUBCHAPTER 7A - ACUTE 
COMMUNICABLE DISEASE CONTROL 

SECTION .0500 - PURCHASE AND 
DISTRIBUTION OF VACCINE 

.0503 VACCINE FOR MEDICALLY 
INDIGENT PATIENTS 

(a) The Department of Human 
Resources provides vaccines 
required by law free of charge 
to physicians and other health 
care providers to administer to 
medically indigent patients. 
These vaccines are provided to 
physicians and other health care 
providers by local health 
departments acting as agents of 
the state. 

(b) Private physicians and 
health care providers shall be 
eligible to receive free 
vaccines from the department 
only if they annually sign an 
agreement with a local health 
department serving their 
practice area. This agreement 
will be prepared by the 
immunization program and will 
require the physicians to 
administer such vaccines only to 
eligible patients, to charge 
only a reasonable administration 
fee, to submit monthly vaccine 
reports on a form prepared by 
the Immunization Program by the 
fifth day of each month, to 
report adverse vaccine reactions 
through the Federal Monitoring 
System for Adverse Events 
Following Immunization (MSAEFI), 
to obtain a signed Important 
Information Statement for each 
dose of vaccine administered and 
to retain tne signed portion for 
a period of ten years following 
the end of the calendar year in 
which the form was signed, or 
for ten years following the 
recipient's age of majority, 
whichever is longer, and upon 



563 



NORTH CAROLINA REGISTER 



request, furnish copies of the 
signed portion to the above 
Health Department or the Centers 
for Disease Control, Department 
of Health and Human Services, to 
keep a record of the vaccine 
manufacturer, lot number, and 
date of administration for each 
dose of vaccine administered, to 
allow periodic inspection of 
their vaccine supplies and 
records by the Immunization 
Program, and to comply with the 
rules of this section. 

(c) Patients are considered 
medically indigent and therefore 
eligible if their family income 
is less than the federal poverty 
level and they are not eligible 
for Medicaid. 

(d) A physician or health care 
provider who fails to submit 
timely and accurate reports, as 
required in Paragraph (b), twice 
in any 12 month period shall 
have their eligibility to 
receive state vaccine suspended 
for a period of one year. A 
physican or liealth care provider 
v;ho fails to comply with any of 
the other requirements of this 
Rule may have their eligibility 
suspended by the department for 
a period determined by the 
department and may be subject to 
an action brought pursuant to 
G.S. 130A-27. All suspensions 
of eligibility shall be in 
accordance with G.S. 130A-23. 

Notice is hereby given in 
accordance with G.S. 150B-12 
that the Department of Human 
Resources intends to amend 
regulation cited as 10 NCAC 9A 
.0006. 

The proposed effective date of 
this action is April 1, 1987. 



Statutory 
130A-326. 



Authority: 



G.S. 



The public hearing will be 
conducted at 1:30 p.m. on 
December 17, 1986 at Highway 
Building, Auditorium (First 
Floor), 1 South Wilmington 
Street, Raleigh, North Carolina. 

Comment Procedures : Any person 
may request information or 
copies of the proposed rule by 
writing or calling John P. 
Barkley, Agency Legal 
Specialist, Division of Health 
Services, P. 0. Box 2091, 
Raleigh, North Carolina 
27602-2091, (919) 733-3131. 
V/ritten comments on this subject 
may be sent to Mr. Barkley at 
tiio above address. Written and 
oral (for no more than ten 
minutes) comments on tliis 



subject may be presented at the 
hearing. Notice should be given 
to Mr. Barkley at least three 
days prior to the hearing if you 
desire to speak. 

CHAPTER 9 - HEALTH: LABORATORY 

SUBCHAPTER 9A - GENERAL POLICIES 

.0006 FEES 

(d) Fees for the analysis of 
public water supplies shall be 
as follows: 



FEE 
0140.00 $200.00 



$190.00 
$15.00 
$60.00 
$60.00 



PARAMETER 
Inorganic 

Chemistry . . . 
Organic 

Chemistry... 0130 .00 
Colifrom... 012.00 
Trihalomethanes . . 045 . 00 
Sodium and Corrosivity . . . 
Radiochemistry : 

gross alpha and beta... 

radium 226 . . . 

radium 228 . . . 

uranium . . . 
Any single organic 

or inorganic 

parameter 010.00 



$50.00 
$65.00 
$50.00 
$75.00 



$15.00 



TITLE 11 - DEPARTMENT OF 
INSURANCE 

Notice is hereby given in 
accordance with G.S. 150B-12 
that the N C Building Code 
Council intends to amend 
regulations cited as 11 NCAC 8 
.0204 through .0207. 

The proposed effective date of 
this action is February 1, 1987. 



Statutory 
143-138. 



Authority : 



G.S. 



The public hearing will be 
conducted at 10:00 a.m. on 
December 9, 1986 at Room 700, 
Wake County Courthouse, Raleigh, 
NC. 

Comment Procedures: Written 
comments should be submitted to 
Lee Hauser, Engineering 
Division, Department of 
Insurance, P. 0. Box 26387, 
Raleigh, NC 27611 . 

CHAPTER 8 - ENGINEERING & 
BUILDING CODES 

SECTION .0200 - NORTH CAROLINA 
STATE BUILDING CODE 

.0204 BUILDING CODE: VOLUME 

I: GENERAL CONSTRUCTION 

This volume of the State 
Building Code contains general 
administrative procedures, 
general statutes pertaining to 
enforcement of the code, appeals 



NORTH CAROLINA REGISTER 



564 



procedures, procedures for 
amending the code and procedures 
for approval of local ordinances 
which may be at variance with 
the code. In addition the 
volume contains the technical 
general construction 

requirements, references to 
technical standards adopted as 
part of the code, and other 
pertinent information. The 
North Carolina Building Code 
Council adopts by reference 
Volume I, General Construction, 
North Carolina State Building 
Code, 1978 Edition with 
amendments through S e p te mb e r 9t 
+96-6 December 9, 1986. 

.0205 BUILDING CODE: VOLUME 

I-B: UNIFORM RESIDENTIAL 
CODE 
The "Uniform Residential 
Building Code" volume contains 
general construction 

requirements for one and two 
family dwellings, including 
details as to the size, spacing 
and span of structural members, 
and other pertinent facts which 
do not require an architect or 
an engineer to design or 
advise. The North Carolina 
Building Code Council adopts by 
reference Volume I-B, Uniform 
Residential Building Ccode, 1968 
Edition with amendments through 
S e pt e mb er 9-r +986 December 9, 
1986. 



concerning the installation of 
heating, air conditioning, 
refrigeration and ventilation 
equipment. The North Carolina 
Building Code Council adopts by 
reference Volume III, Heating, 
Air Conditioning, Refrigeration 
and Ventilation, North Carolina 
State Building Code, 1980 
Edition with amendments through 
Sep t emb e r 9- 1900 December 9, 
1986. 

Notice is hereby given in 
accordance with G.S. 150B-12 
that the Department of Insurance 
intends to adopt regulations 
cited as 11 NCAC 15 .0001 
through .0010. 

The proposed effective date of 
this action is March 1, 1987. 



Statutory Authority: 
131E-210 through 213. 



G.S. 



The public hearing will be 
conducted at 10:00 a.m. on 
December 16, 1986 at Hearing 
Room, Third Floor, Dobbs 
Building, 430 N. Salisbury St., 
Raleigh, North Carolina. 

Comment Procedures: Direct all 
written comments to Janis 
Curtis, Medical Database 
Commission, P. 0. Box 26387, 
Raleigh, North Carolina, 27611. 
Phone 733-7141 . 



.0206 BUILDING CODE: VOLUME 
II: PLUMBING 

The plumbing volume of the 
building code contains general 
administrative procedures, 
general statutes pertaining to 
enforcement of the code, appeals 
procedures, procedures for 
amendment of the code, 
procedures for approval of local 
ordinances, the technical 
provisions for installation of 
plumbing systems, and other 
pertinent information. The 
North Carolina Building Code 
Council adopts by reference 
Volume II, Plumbing, North 
Carolina State Building Code, 
1980 Edition with amendments 
through S epte mber 9-r 1 900 
Decenber 9, 1986. 

.0207 BUILDING CODE: VOLUME 
III: HEATING, AIR CONDITIONING, 
REFRIGERATION AND VENTILATION 

This volume contains general 
administrative procedures, 
general statutes pertaining to 
enforcement of the code, 
procedures for appeals and 
amendments to the codes, and 
procedures for approval of local 
ordinances. Technical 

provisions are also contained 



CHAPTER 15 - MEDICAL DATABASE 
COMMISSION 

.0001 SCOPE AND PURPOSE 
n NCAC 15 sets forth the 
requirements that providers 
defined in 11 NCAC 15 .0002 must 
meet in submitting to the 
Medical Database Commission a 
uniform data set describing the 
case mix of its patients and the 
charges for services provided to 
these patients. That data will 
be used for grouping providers 
and patients, comparing hospital 
charges and utilization, and 
disseminating information to 
interested persons, including 
health care providers, payers, 
health care consumers, and 
health care planners. The 
information base will include 
data on different types of 
health care services, including 
ambulatory care services and 
long term care services. The 
commission may collect health 
care data from hospitals, 
physicians, nursing homes, 
ambulatory surgical centers, and 
other types of health care 
providers . 

.0002 DEFINITIONS 



565 



NORTH CAROLINA REGISTER 



As used in this Chapter, unless 
specifically stated otherwise, 
the following words have the 
following meanings: 

(1) Act. The North Carolina 
Medical Database Commission 
Act, G.S. 131E. 

(2) Aggregate data. A 
grouping or categorization of 
the raw data such that the 
unit of observation is 
something other than an 
individual discharge. 
Reports of aggregate data 
with small cell counts will 
be edited to prevent 
potential identification of 
individual patients. 

(3) Case mix data. Case 
specific discharge data which 
describe socio-demographic 
characteristics of the 
patient; total and component 
charges; principal and other 
diagnoses; treatment and 
services provided to the 
patient; as well as duration 
and status of the patient's 
stay in the hospital. Case 
mix data refers to the actual 
data elements abstracted from 
the UB-82 claim form as v;ell 
as classifications resulting 
from groupings of specific 
data elements, e.g., DRG 
category . 

(4) Charge data. The 
provider's usual published 
charges for the services 
provided. Charge data shall 
consist of the UB-82 data 
elements and codes specified 
in n NCAC 15 .0005. 

(5) Commission. The Medical 
Database Commission 
established under G.S. 
131E-208. 

(6) Compilations. The 
arrangement of data collected 
by and furnished to the 
commission by any 
corporation, association, or 
entity acting under agreement 
with the corrmission for 
release and dissemination to 
the public . 

(7) Executive Director. The 
chief operating officer of 
the commission. 

(8) Hospital. Any facility 
licensed by the North 
Carolina Division of Facility 
Services under G.S. 131E-77 
(Hospital Licensure Act) or 
under G.S. 122C-23 (Licensure 
of Facilities for the 
Mentally 111, the Mentally 
Retarded and Substance 
Abusers), but does not 
include 

(a) a facility with all of 
its beds designated for 
medical type "LTC" (long 
term care); 



(b) a facility with the 
majority of its beds 
designated for medical type 
"PSY-3" (mental 
retardation); or 

(c) a facility operated by 
the North Carolina 
Department of Corrections. 

(9) Uniform hospital billing 
form. Form UB-82/HCFA-1 450 , 
the hospital billing form 
developed by the National 
Uniform Billing Committee or 
its successor. 
(10) Raw data. Patient 

specific records including 
those which have been 
stripped of all patient 
identifying information. 

.0003 OUTSIDE CONTRACTOR 
Subject to state law and 
regulation, the commission may 
enter into any contractual 
agreement with any corporation, 
association, or other entity it 
deems appropriate to: 

( 1 ) undertake the process of 
collecting the data; 

(2) build and maintain the 
database; 

(3) prepare such analyses and 
reports authorized by the 
commission . 

The agreement may provide for 
the designated contractor to 
prepare and distribute or make 
available data in the name of 
the commission to health care 
providers, health care 
consumers, third-party payers, 
government, researchers, and the 
general public, in accordance 
with any rules of 
confidentiality that may apply 
and the rules of review by the 
commission as stated in 11 NCAC 
15 .0009. 

.0004 UNIFORM BILLING FORM 

(a) All hospitals shall 
complete the uniform hospital 
billing form for every inpatient 
discharged after June 30, 1987, 
from any bed other than one 
designated medical type "LTC" 
regardless of the source of 
payment. For patients 
discharged after June 30, 1987 
who were admitted prior to July 
1, 1987, hospitals shall submit 
either an admit-through 
-discharge claim or the complete 
set of interim claims necessary 
to reflect the total length of 
stay and charges. 

(b) The information submitted 
to the commission shall be 
reported only for the primary 
payer, including Medicare, 
Medicaid, other government 
programs, private insurance, 
health maintenance 
organizations, self-insured. 



NORTH CAROLINA REGISTER 



566 



private pay patients, and 
others. Claims for secondary 
payers will be considered 
duplicate information and should 
not be submitted to the 
commission . 

(c) Unless otherwise indicated 
in these rules, completion of 
the uniform hospital billing 
form shall be in accordance with 
the instructions and definitions 
in the manual developed by the 
National Uniform Billing 
Committee as adopted and 
finalized by the North Carolina 
Uniform Billing Committee. A 
copy of the manual is available 
for reference by contacting the 
Executive Director of the 
Medical Database Commission at 
the Department of Insurance, 
Post Office Box 26387, Raleigh, 
North Carolina, 27611. 

.0005 DESCRIPTION OF DATA TO 
BE SUBMITTED 

(a) The following UB-82 data 
elements must be submitted to 
the commission for every 
inpatient discharged regardless 
of payer: 

DATA ELEMENT AND DESCRIPTION 

(1) Patient Control Number - 
Form locator 3 - As stated in 
the North Carolina UB-82 
manual . 

(2) Bill Type - Form locator 

4 - As stated in the North 
Carolina UB-82 manual. 

(3) Medicaid Provider Number - 
Form locator 8 - The number 
assigned to the provider by 
Medicaid or as assigned by 
the commission. 

(4) Zip Code of Patient 
Address - Form locator 1 1 
Only the zip code portion of 
this field is required. Code 
as stated in the North 
Carolina UB-82 manual. 

(5) Patient Birth Date - Form 
locator 1 2 - As stated in the 
North Carolina UB-82 manual. 

(6) Patient Sex - Form locator 
13 - As stated in the North 
Carolina UB-82 manual. 

(7) Admission Date - Form 
locator 1 5 - As stated in the 
North Carolina UB-82 manual. 

(8) Admission Type - Form 
locator 17 - As stated in the 
North Carolina UB-82 manual. 

(9) Source of Admission - Form 
locator 18 - As stated in the 
North Carolina UB-82 manual. 

(10) Patient Status - Form 
locator 21 - As stated in the 
North Carolina UB-82 manual. 

(11) Discharge Date (Statement 
Covers Period) - Form locator 
22 - As stated in the North 
Carolina UB-82 manual. 

(12) All revenue codes and 



associated charges - Form 
locators 51 and 53 - As 
stated in the North Carolina 
UB-82 manual . 

(13) Payer Identification - 
Form locator 57A 
Classification code and 
specific carrier 
identification code for 
primary payer. 

(14) Certificate/Social 
Security/Health Insurance 
Claim/Identification Number - 
Form locator 68 - As stated 
in the North Carolina UB-82 
manual . 

(15) Insurance Group Number - 
Form locator 70 - As stated 
in the North Carolina UB-82 
manual . 

(16) Principal Diagnosis - 
Form locator 77 - As stated 
in the North Carolina UB-82 
manual . 

(17) Other Diagnoses (4 others 
ma.ximum) - Form locators 
78-81 - As stated in North 
Carolina UB-82 manual. 

(18) Principal Procedure and 
Date - Form locator 84 - As 
stated in the North Carolina 
UB-82 manual . 

(19) Other Procedures and 
Dates - Form locators 85 & 86 

As stated in the North 
Carolina UB-82 manual. 

(20) Attending Physician ID - 
Form locator 92 - Only the 
state license number of this 
field is required. Code as 
stated in the North Carolina 
UB-82 manual . 

(21) Other Physician ID - Form 
locator 93 - Only the state 
license number of this field 
is required. Code as stated 
in the North Carolina UB-82 
manual . 

(b) Any hospital which does 
not have a Medicaid provider 
number shall contact the 
commission for assignment of an 
identification number. This 
number shall be used in the 
Medicaid Provide Number field 
for all UB-82 records submitted 
to the commission. 

.0006 DATA SUBMISSION 

(a) Data Submission 
Requirements 

(1) At a minimum, hospitals 
shall submit the required 
data within 45 calendar days 
following the close of tlie 
calendar quarter during 
which the patient vjas 
discharged or died; 
therefore, data for the 
calendar quarters ending 
March 31, June 30, September 
30, and December 31 shall be 
submitted before or on May 
15, August 14, November 14, 



567 



NORTH CAROLINA REGISTER 



and February 14, 
respectively. However, 
hospitals may submit data 
more frequently during the 
calendar quarter in which 
the patient was discharged 
or died. 
(2) The commission may, for 
good cause, extend the time 
for submitting data upon 
receipt of a written request 
for an extension from the 
provider . 

(b) Format for Data Submission 

(1) All hospitals may submit 
UB-82 discharge data to the 
commission on one of three 
acceptable types of media: 
on paper UB-82 forms, on a 
magnetic tape, or on a 
personal computer (PC) 
diskette. Other types of 
media used to submit the 
required data, such as 
on-line transmission, must 
be approved by the 
commission . 

(2) The physical 
specifications of the 
magnetic tape shall be any 
size reel, recorded in nine 
track. Extended Binary Coded 
Decimal Interchange Code 
(EBCDIC) mode or ASCII, with 
density equal to 1600 BPI or 
6250 BPI, unlabeled or with 
IBM standard labels. 
Acceptable specifications 
for submission of data on a 
floppy disk shall be 5 1/4 
inch IBM-PC compatible 
diskette . 

(3) Data submitted via 
magnetic tape shall conform 
to the uniform record layout 
as required by the 
commission. Copies of the 
required format may be 
obtained by contacting the 
Executive Director of the 
Medical Database Commission 
at the Department of 
Insurance, Post Office Box 
26387, Raleigh, North 
Carolina, 2761 1 . 

(c) Edit Criteria 

(1) Data elements that are 
considered critical fields 
for record editing purposes 
are Patient Control Number, 
Bill Type, Medicaid Provider 
Number, Zip Code, Date of 
Birth, Sex, Admission Date, 
Admission Type, Source of 
Admission, Patient Status, 
Statement Covers Period, 
Revenue Codes and Charges, 
Primary Payer, Principal 
Diagnosis, Attending 

Physician License Number. 
Records containing invalid 
UB-82 codes or all-blank 
fields for any of these data 



elements will be designated 
as error records . 

(2) The last revenue code 
listed must be 001, Total 
Charge, and this charge must 
equal the sum of charges for 
all other revenue codes 
reported . 

(3) The following data 
elements must contain valid 
codes if present: Primary 
Payer - Specific Carrier 
Identification, Other 
Diagnoses, Principal 
Procedure Code and Date, 
Other Procedures one and two 
Codes and Dates, Other 
Physician License Number (if 
a procedure was performed). 

(4) Upon completion of the 
data error assessment, the 
commission or the designated 
contractor shall promptly 
notify each hospital whose 
records do not pass the 
critical edit checks. This 
notification shall identify 
the discharge records and 
the data items within them 
which do not pass the edits. 
Each hospital receiving an 
error notification report 
shall respond within 30 
calendar days of the 
notification by making the 
necessary changes. 

(d) Data Submission 
Arrangements 

(1) Each hospital or its 
designated agent shall 
submit the required UB-82 
data directly to the 
commission or to the 
contractor designated by the 
commission to collect, 
process and hold the data. 

(2) Resubmissions of data as 
required by the commission 
or upon the initiative of a 
hospital will be accepted 
for the purposes of adding 
records, amending data 
elements or otherwise making 
modifications to a previous 
data submission. 
Resubmissions shall conform 
to the requirements of 1 1 
NCAC 15 .0006(b). 

.0007 PROVIDER VERIFICATION 
Providers shall be given an 
opportunity to review and verify 
information pertaining to them 
in the database as follows: 

(1) Within ten calendar days 
after all error corrections 
have been made and 
preparation of the 
individual hospital's 
dataset by the commission is 
complete, hospitals will be 
notified in writing of the 
opportunity to review the 
dataset. A summary 



NORTH CAROLINA REGISTER 



568 



compilation of the dataset, 
including number of 
discharges and total 
charges, will be attached to 
each provider's notification 
for data verification. 
Hospitals shall return the 
notice to the commission 
indicating that they have 
verified the accuracy of the 
summary compilation of the 
dataset . 

(2) With 15 calendar days of 
the date of the commission's 
verification notice and 
summary compilation, a 
hospital that wishes to 
review the dataset shall 
submit a written request to 
the Executive Director. The 
commission shall respond to 
this request with ten 
calendar days of its 
receipt . 

(3) V/ithin 30 calendar days 
of the commission's release 
of the requested dataset, 
the hospital shall respond 
in writing to the commission 
challenging those portions 
of the dataset which the 
hospital believes are 
inaccurate along with 
arguments as to why they are 
inaccurate and any data 
which would assist in 
clarifying the possible 
inaccuracies . 

(4) If the commission finds 
any error, the dataset shall 
be corrected before release 
of compilations for public 
use; notification of 
corrections shall be 
provided to the appropriate 
hospital by the commission 
in writing prior to public 
release. If the commission 
finds changes to the dataset 
are unnecessary or 
unwarranted, it shall notify 
the appropriate hospital of 
this conclusion in writing 
prior to public release, 
including a brief but 
complete explanation of its 
determination. The 
compilations from the 
dataset will be available to 
the public seven calendar 
days following commission 
adoption . 

(5) The commission may, for 
good cause, grant an 
extension of these time 
limits upon receipt of 
written request from the 
hospital . 

.0008 COMPLIANCE 

Compliance with these 
regulations and the act will be 
determined on a quarterly basis. 
The commission shall consider a 



hospital out of compliance with 
these regulations and the act 
when any of the following 
conditions apply: 

( 1 ) The hospital knowingly 
fails to submit data in 
accordance with the 
provisions of these 
regulations . 

(2) More than three percent 
of the hospital's discharge 
records, on a quarterly 
basis, are excluded from the 
database by the commission 
because the records do not 
pass the critical edit 
checks as specified in 1 1 
NCAC 15 .0006(c) and the 
total percentage of 
discharge records failing 
critical edits for the 
preceding three quarters and 
the submitting quarter 
exceeds three percent . Upon 
notification by the 
commission, hospitals will 
be allowed to submit the 
corrected records in 
accordance with the 
requirements of 11 NCAC 15 
.0006. 

(3) The hospital has not 
submitted data for all of 
its discharges to the 
commission in accordance 
with the required submission 
deadlines in 11 NCAC 15 
.0006(a) . 

Hospitals not complying with 
these regulations are subject to 
penalties established by the 
commission in pursuance of the 
act . 

.0009 DATA ACCESSIBILITY 
(a) The UB-82 data, i.e., the 
individual forms, computer 
tapes, or other types of media, 
collected by and furnished to 
the commission or to the 
designated contractor, pursuant 
to the act shall not be public 
records under the North Carolina 
Public Record Act (G.S. 132) and 
shall not be subject to public 
inspection . 

( 1 ) The raw data may be 
released by the commission 
only to providers vjho have 
submitted that particular 
data to the commission, and 
who request to see and 
review their dataset for 
purposes of verifying 
information in the 
commission's database 
pertaining to the provider. 
These datasets are not 
public records. 

(2) Commission approval is 
required for all requests by 
interested parties for data 
which have been submitted to 



569 



NORTH CAROLINA REGISTER 



the commission and which are 
not yet public record. 
(3) Data collected by the 
commission shall not be 
shared among other state 
agencies unless the 
information is approved by 
the commission as a public 
record . 

(b) The commission shall 
require the designated 
contractor to prepare aggregate 
reports on hospital charges and 
utilization in North Carolina. 
Compilations prepared and 
approved for release and 
dissemination by the commission 
are public records and shall be 
accessible to the public in 
accordance with the State Public 
Record Act and the rules adopted 
by the commission. These 
reports shall include, but not 
be limited to comparative 
information on average charges, 
total and ancillary charge 
components, utilization rates 
length of stay on diagnosis 
specific and procedure specific 
categories, and number of 
discharges, compiled in 
aggregate by provider, by 
diagnosis, and by primary payer 
category . 

(1) Compilations are not 
available for release and 
dissemination and are not 
public records until the 
provider verification 
process has been completed. 

(2) The commission shall not 
release any compilation of 
data for special studies and 
analysis for a purpose other 
than one authorized by the 
act. Compilations of data 
shall not contain patient 
identifiable information. 
Only the UB-82 information 
which can be released under 
requirements of the act 
shall be released. 

(3) Nothing in the act or 
these regulations shall 
prevent a hospital from 
receiving upon request a 
copy of that hospital's 
final edited dataset as it 
exists in the possession of 
the commission. 

(c) Requests for Special 
Compilations. Any person, 
organization, governmental 
agency, or other entity may 
request the preparation of 
compilations of data collected 
by and furnished to the 
commission in a specific manner 
or format not already used by 
the commission. This includes 
requests for subsets of 
information already available 
from the commission in compiled 
form . 



(1) All requests for 
compilations of data shall 
be made in writing to the 
E.xecutive Director of the 
Commission. At minimum, the 
written request shall 
contain the name, address, 
and telephone number of the 
requester, a description of 
the requested compilation of 
data, a short, plain 
statement of the reason for 
the request, and the 
relationship of the 
requested compilation to a 
legitimate purpose. A 
"legitimate purpose" is a 
purpose consistent with the 
intent, policies, and 
purposes of the act. 

(2) The commission shall 
review each request for a 
compilation of data and 
determine whether to approve 
or deny the request . The 
commission shall notify the 
public of requests made for 
compilations by listing the 
requester, and providing a 
short description of the 
request on its official 
meeting agenda. Such 
requests shall be approved 
by the commission which 
shall designate the form in 
which the information shall 
be made available . The 
approval or denial by the 
commission of requests for 
compilations of data shall 
be within the discretion of 
the commission. The 
commission may deny a 
request for a compilation of 
data for reasons including, 
but not limited to, 
unavailability of data, the 
requested compilation is 
already available from the 
commission or another 
source, the requested 
compilation of data would 
endanger patient 
confidentiality, the 
comnission lacks sufficient 
resources to fulfill tlie 
request, or the request is 
not related to a legitimate 
purpose . 

(3) The commission shall 
notify the requester in 
writing of its decision. 
Denial of a request shall 
include a brief explanation 
of the reason for the 
denial . 

(4) The commission or the 
designated contractor in 
consultation with the 
commission shall also 
determine a fee to be 
charged to the requesting 
agency or private sector 
organization to cover the 



NORTH CAROLINA REGISTER 



570 



direct and indirect costs 
for producing special 
compilations. The fee 
should include staff time, 
computer time, copying 
costs, and supplies. For 
charging purposes. each 
compilation will be 
considered an original. 
(5) No person, organization, 
governmental agency, or 
other entity receiving data 
from the commission shall 
redistribute that 

information for a fee in tlic 
same form without prior 
written approval from the 
commission . 

.0010 CONFIDENTIALITY OF DATA 

(a) The commission shall 
institute appropriate 
administrative procedures and 
mechanisms to ensure that it is 
in compliance with state laws on 
patient confidentiality. The 
commission shall ensure that any 
contract entered into with other 
parties for the purposes of 
processing and analysis of data 
collected under this regulation 
shall contain assurances that 
such other parties shall also 
comply with the provisions of 
state law regarding patient 
confidentiality . 

(b) The patient control number 
(UB-82 form locator 3) and the 
certificate, social security, 
health insurance claim, 
identification number (UB-82 
form locator 68) shall be used 
only for the purpose of 
establishing an audit trail in 
the event that it is necessary 
to retrieve the primary source 
document for validation of the 
abstracted data. The commission 
shall also ensure that data 
collected under this regulation 
and disclosed to other parties 
shall be purged of patient 
control numbers, certificate, 
social security, health 
insurance claim, identification 
numbers and dates of birth prior 
to disclosure. 

(c) All steps necessary under 
state law to protect patient 
confidentiality shall be 
undertaken by the commission to 
prevent the identification of 
individual patient records. 

(d) Raw data submitted to the 
commission or to the designated 
contractor by hospitals pursuant 
to the act shall be privileged 
and confidential, and shall not 
be disclosed in any manner. The 
foregoing includes, but shall 
not be limited to, disclosure, 
inspection or copying under the 
State's Public Record Act. 
However, these prohibitions 



shall not apply to the reports 
prepared for release and 
dissemination by the commission, 
(e) For compilations released, 
the commission will develop 
procedures to prevent small cell 
counts from potentially 
identifying and individual 
patient . 



TITLE 15 



NATURAL RESOURCES AND 
COMMUNITY DEVELOPMENT 



Notice is hereby given in 
accordance with G.S. 150B-12 
that the Division of Coastal 
Management intends to amend 
regulations cited as 15 NCAC 7H 
.0208, .0309 and adopt 15 NCAC 
7J .0312. 

The proposed effective date of 
this action is March 1, 1987. 

Statutory Authority: G.S. 
n3A-107; 113A-113; 113A-124. 

The public hearing will be 
conducted at 10:00 a.m. on 
December 17, 1986 at Conference 
Room, Division Marine Fisheries 
Building, 3411 Arendell Street, 
Morehead City, NC . 

Comment Procedures: Written 
comments may be submitted within 
30 days prior to the hearing to: 
Portia Rochelle, Division of 
Coastal Management, P.O. Box 
27687, Raleigh, NC 27611. 



CHAPTER 7 



COASTAL MANAGEMENT 



SUBCHAPTER 7H - STATE GUIDELINES 

FOR AREAS OF ENVIRONMENTAL 

CONCERN 

SECTION .0200 - THE ESTUARINE 
SYSTEM 

.0208 USE STANDARDS 
(b) 
(6) 

(C) Piers shall be designed 
to minimize adverse 
effects on navigation and 
public use of waters while 
allowing the applicant 
adequate access to deep 
waters bv = 

( i ) not extending beyond 
the established pier 
length along the same 
shoreline for similar 
use ; 
(ii) not extending into 
the channel portion of 
the water body: and 
(iii) in no case extend 
more than one-third the 
width of a natural water 
body or m^n-made canal 
or basin. Measurements 
to determine widths of 



571 



NORTH CAROLINA REGISTER 



the channels, canals or 

basins sh n ll be made 

f rom t)io waterHTrd edge 

of any cons tp l vfetland 

vegetation v>hich borders 

the vfater body. 

( E ) Piers s+rrrii ittrt e x te nd 

beyond -tire e s t abli-:h e d 

pier len g th along thtr stjnte 

rri i o r c lin e for similar trstrr 

cind "in rro c a .'j e t^x"b end more 

trhtm on e third trf the 

width xrf a natural wa t e r 

body or* man made canal on* 

basin . 



SECTION 



,0300 - OCEAN HAZARD 
AREAS 



.0309 USE STANDARDS FOR OCEAN 
HAZARD AREAS: EXCEPTIONS 

(a) The following types of 
development may be permitted 
seavjard of the oceanfront 
setback requirements of Rule 
.0306(a) of the Subchapter if 
all other provisions of this 
Subchapter and other state and 
local regulations are met ■• 

( 1 ) campgrounds that do not 
involve substantial 
permanent structures; 

(2) parking areas with clay, 
packed sand or similar 
surfaces; 

(3) outdoor tennis courts; 
(^) elevated decks not 

exceeding 500 cquai-c feet; 

(5) beach accessways 
consistent with Rule 
.0308(c) of this Subchapter, 

(6) unenclosed, uninhabitable 
gazebos with floor areas of 
200 square feet or less; 

(7) uninhabitable storage 
sheds vjith floor areas of 
200 square feet or less; 

(8) temporary amusement 
stands; and 

(9) swimming pools. 

In all cases, this development 
shall only be permitted if it is 
landward of the vegetation line, 
involves no significant 
alteration or removal of primary 
or frontal dunes or the dune 
vegetation, has ovorwallcs to 
protect any existing dunes, is 
not essential to the continued 
existence and/or ii?e of an 



associated 



pr inc ipal 



devclopnent , and meets all other 
non-setback requirements of this 
Subchapter . 

SUBCHAPTER 7J - PROCEDURES FOR 

HANDLING MAJOR DEVELOPMENT 

PERMITS: VARIANCE REQUESTS: 

APPEALS FROM MINOR DEVELOPMENT 

PERMIT DECISIONS: AND 

DECLARATORY RULINGS 

SECTION .0300 - HEARING 
PROCEDURE 



.0312 SETTLEMENT 

(a) It is the policy of the 
Coastal Resources Commission 
that, whenever possible, 
disputes between the department 
and any other person that 
concern the issuance or failure 
to issue a CAMA and/or Dredge 
and Fill permit should be 
settled through informal 
procedures . 

(b) The Coastal Resources 
Commission licreby delegates to 
the Director of the Division of 
Coastal tlanagement on behalf of 
the department the authority to 
enter into informal settlements 
of permit appeals at any time 
prior to commencement of the 
contested case hearing on 
subject appeal. Such 
settlements shall not require 
the approval of the Coastal 
Resources Commission and shall 
not be considered a final 
commission decision, but shall 
be subject to appeal pursuant to 
G.S. n3A-121.1. Unless such 
settlement results in a written 
withdrawal of the permit appeal, 
the settlement agreement shall 
be submitted to the hearing 
officer in the form of a 
proposed consent order. The 
hearing officer shall then 
present the proposed consent 
order to the commission at its 
next regularly scheduled meeting 
with a recommendation for 
adoption or rejection of the 
consent order . 

(c) The Coastal Resources 
Commission further delegates to 
the Director of the Division of 
Coastal Management the authority 
to enter into negotiations to 
informally settle permit appeals 
subsequent to commencement of a 
contested case hearing on the 
subject appeal. Any settlement 
agreement reached subsequent to 
commencement of a contested case 
hearing and prior to final 
coTTimission decision on the 
contested case shall be 
submitted to the designated 
hearing officer in the contested 
case proceeding in the form of a 
proposed consent order. The 
hearing officer shall present 
the proposed consent order to 
the commission at its next 
regularly scheduled meeting with 
a recommendation for adoption or 
rejection of the consent order. 

(d) All parties to a 
settlement reached subsequent to 
commencement of a contested case 
hearing on the subject appeal 
shall , prior to commission 
consideration of the proposed 
consent order, waive the period 
for final commission decision of 



NORTH CAROLINA REGISTER 



572 



the contested case as set out in 
G.S. n3A-122(c). 

(e) Adoption of the proposed 
consent order shall constitute a 
final commission decision for 
purposes of G.S. 113A-123. In 
the event the commission does 
not adopt the consent order as 
proposed, the hearing officer 
shall issue such orders as are 
deemed necessary to complete the 
contested case process . 

TITLE 21 - LICENSING BOARDS 

Notice is hereby given in 
accordance v;ith G.S. 150B-12 
that the Board of General 
Contractors intends to amend 
regulations cited as 21 NCAC 12 
.0204; .0205; .0407; and .0503. 

The proposed effective date of 
this action is April 1. 1987. 



Statutory Authority: G.S, 
10, 15.1 . 



87-1, 



The public hearing will be 
conducted at 10:00 a.m. on 
December 17, 1986 at Jane S. 
HcKimmon Center, Corner of 
Western Blvd. and Gorman 
Street, Raleigh, North Carolina 
27695. 

Comment Procedures: Persons 
wishing to present oral data, 
views or arguments may file 
notice with the board at least 
ten days prior to the hearing. 
Any person may also file with 
the board a v;ritten submission 
containing data, comments or 
arguments within ten days after 
the hearing. 

CHAPTER 12 - CONTRACTORS 

SECTION .0200 - LICENSING 
REQUIREMENTS 

.0204 ELIGIBILITY 
(b) Limited License. The 
applicant for such a license 
must : 

(2) be financially stable to 
the e.^tent that the total 
current assets of the 
applicant or the firm or 
corporation he represents 
e.xceed the total current 
liabilities by a least s e \ 'e n 
t housand f^xre httrr 
dollars (07,500) 



thousand dollars ($10,00 
(c) Intermediate License. 
The applicant for such a lie 
must : 

(2) be financially stable 
the e.xtent that the t 
current assets of 
applicant or the firm 
corporation he repres 



dred 
ten 
0) ; 



ense 

to 
otal 

the 
or 
ents 



e.xceed the total current 
liabilitites by at least 
t hirty — frhre t liousand dollars 
(035,000) fi fty thousand 

dollars ($50.000) as 

reflected in an audited 
financial staement prepared 
by a certified public 
accountant or by a qualified 
independent accountant who 
in the public 
accountancy; 
License . The 
such a license 



IS engaged 
practice of 
(d) Unlimited 
applicant for 
must : 

(2) be financially 
the e.xtent that 
current assets 
applicant or the 



stable to 
the total 
of the 
firm or 



corportation he represents 
e.xceed the total current 
liabilities by at least 
six ty — five t housand dollars 
(065,000) one hundred 
thousand dollars ($100,000) 
as reflected in an audited 
financial statement prepared 
by a certified public 
accountant or by a qualified 
independent accountant viho 
is engaged in the public 
practice of accountancy; 

.0205 TERMINATION OF 

EXAMINEE'S EMPLOYMENT 

(b) Persons, acting as 
qualifiers for a new applicant, 
who have taken a required 
examination for any 
classification and have passed 
that examination, but have not 
been granted a license or 
engaged -in general con t rac t ing 
renevied their license for at 
least two years prior to the 
date of the filing of a new 
application for license must be 
ree.xamined again for that 
classification. 

(c) Filing Deadline. The 
application for a nevf applicant 
being qualified by a licensee 
shall be filed no later than the 
first dav of the month preceding 
any regularlv scheduled meeting 
of the board. At such meeting 
the board vjill consider the 

appl icat ion . The regular 

meetings of the board are in 
January, April, Julv and October 
of each year . 

SECTION .0400 - EXAMINATION 

.0407 RE-EXAMINATION 
A person who has failed an 
examination or a part thereof is 
allov.'ed to take the e.xamination 
or the part he failed to pass 
again at the next regularly 
scheduled examination upon 
payment of the additional fee as 
provided in G.S. 87-10; however , 
if an applicant fails twice 



573 



NORTH CAROLINA REGISTER 



he/she may not be re-examined 
until the second regularly 
scheduled examination following 
such failure and shall submit a 
new application with the 
appropriate examination and 
license fees. 

SECTION .0500 - LICENSE 

.0503 RENEWAL OF LICENSE 
(c) Form. The application for 
renewal requires the holder of a 
yalid license to set forth 
whether there were any changes 
made in the status of the 
licensee's business during the 
preceding year and also 
requires the holder to give a 
financial statement of the 
business in question. the 
financial statement need not be 
prepared by a certified pbulic 
accountant or by a qualified 
independent accountant but may 
be completed by the holder of 
the license on the form itself. 
However, the board reserves the 
right in its sole discretion to 
require a license holder to 
submit an audited financial 
statement if the circumstances 
deem such submission necessary. 
Except as provided herein, the 
financial statement will be 
subject to approval by the board 

in accordance vfith the 

requirements of Section .0204 of 
this Chapter. 

Notice is hereby given in 
accordance with G.S. 150B-12 
that the Board of Nursing 
intends to amend regulation 
cited as 21 NCAC 36 .0211. 

The proposed effective date of 
this action is April 1, 1987. 



Statutory Authority: G.S. 
90-171 .29; 90-171 .30. 

The public hearing will be 

conducted at 2:00 p.m. on 

January 21, 1987 at Europa A, 

Hotel Europa, Chapel Hill, NC 
27514. 

Comment Procedures: Any person 
wishing to present oral 
testimony relevant to proposed 
rule may register at the door 
before hearing begins and 
present hearing officer with a 
written copy of testimony. 
Written statements may be 
directed, five days prior to the 
hearing date, to the North 
Carolina Board of Nursing, P. 0. 
Box 2129, Raleigh, NC 27602. 

CHAPTER 36 - BOARD OF NURSING 

SECTION .0200 - LICENSURE 

.0211 EXAMINATION 

(e) Passing the examination 
e n t i t les t he applican t tt» a 
certificate trf registra t ion and 
a lic e ns e -to practice nursing 
■ftrr "the re maind er trf t4Tc 
calendar year satisfies one of 

the qualifications for 

eligibility for licensure by 
examination . 

Cf) When all of the 
qualifications for eligibility 
for licensure have been met, the 
applicant will be issued a 
certificate of registration and 
a license to practice nursing 
for the remainder of the 
calendar year. 

-HH- to Cg) 

■fg-> to (h) 



NORTH CAROLINA REGISTER 



574 



FINAL RULES 

When the text of any adopted 
rule differs from the text of 
that rule as proposed, upon 
request from the adopting 
agency, the text of the adopted 
rule will be published in this 
section . 

When the text of any adopted 
rule is identical to the text of 
that as proposed, adoption of 
the rule will be noted in the 
"List of Rules Affected" and the 
text of the adopted rule will 
not be republished. 

Adopted rules filed by the 
Departments of Correction, 
Revenue and Transportation are 
published in this section. 
These departments are not 
subject to the provisions of 
G.S. 150B, Article 2 requiring 
publication of proposed rules. 

TITLE 5 - DEPARTMENT OF 
CORRECTION 

CHAPTER 2 - DIVISION OF PRISIONS 

SUBCHAPTER 2B - INMATE CONDUCT 
RULES: DISCIPLINE 

SECTION .0200 - DISCIPLINARY 
PROCEDURES 

.0201 GENERAL 

(c) Investigations 

(1) The designated officer 

shall begin his 

investigation as soon as 

possible, and in any event 

within 24 hours after being 

notified of a suspected 

offense, unless criminal 

prosecution is contemplated, 

in which case the criminal 

investigators should 

initiate their investigation 

before the investigation for 

disciplinary procedures 

begins. He shall discuss 

the matter with the person 

reporting the incident and 

with the inmate or inmates 

accused. Where necessary to 

ascertain the true facts, he 

should interview other 

witnesses, make searches, 

and employ other appropriate 

investigatory techniques. 

(4) The accused inmate shall 

be advised by the 

investigating officer that: 

(A) He has the right to 

submit names of requested 

defense witnesses and have 

them called to testify 

provided the calling of 

witnesses does not 

jeopardize or threaten 



institutional or 

individual security, 
(B) The number of witnesses 
will be limited to avoid 
useless repetition of the 
same evidence to be 
presented at the hearing. 
Physical evidence will 
only be preserved upon 
written request of the 
inmate and provided that 
retaining or presenting 
the evidence does not 
threaten institutional or 
an individual's security. 

(5) The investigating officer 
shall take written 
statements from all 
witnesses. If statements 
are not taken from all 
witnesses, the investigating 
officer shall record their 
names with an explanation 
for not taking their 
statements . 

(6) The investigating officer 
shall make written notes of 
any observations made by him 
during the course of the 
investigation which directly 
relate to the alleged 
offense, and he shall take 
under his control any 
physical evidence available. 
Upon completion of the 
investigation, this officer 
shall make such changes in 
the status of the accused as 
seem warranted by the facts 
found . 

(7) The results of the 
investigation shall be 
presented to the 
superintendent as soon as 
possible. If more than 48 
hours are required to make 
the investigation and 
present the results, 
authority to e.xtend the time 
shall be obtained in writing 
from the unit superintendent 
or institution head who 
shall establish the time 
period of extension. Before 
the superintendent grants 
the extension of time, he 
shall indicate on the 
DC-13BA v;hether the inmate 
will be placed or continued 
on administrative 
segregation and the reasons 
for this decision. 



History Note: Statutory 
Authority G.S. 148-11 ; 
Eff. Februc-ry 1, 1976; 
Amended Eff. December 1, 1986; 
June 1 , 1984. 

.0203 DISCIPLINARY COMMITTEES 
(b) Area Disciplinary 
Committee 
(2) Cases referred to an area 



575 



NORTH CAROLINA REGISTER 



disciplinary committee shall 
be scheduled for a hearing 
within fourteen days of the 
referral. The accused shall 
receive not less than 72 
hours prior to the hearing, 
written notice of the 
charges against him, unless 
such 72 hour notice be 
waived in writing by the 
accused. If a delay for any 
other reason is desired by 
the unit superintendent or 
his designated 

representative or the 
accused, the one desiring 
the delay shall state his 
reason in a written request 
to the area administrator 
who may grant such a delay 
for good cause. 

(4) The chairman of the 
disciplinary committee shall 
document reasons for 
declining to call requested 
witnesses and declining to 
present items of physical 
evidence on the DC- 138. The 
factors that the chairman 
may consider when ruling on 
an inmate's request to call 
witnesses or present items 
of physical evidence shall 
include but not be limited 
to. 

(A) Relevance; 

(B) Cumulative Testimony; 

(C) Necessity; and 

(D) Hazards presented by an 
individual case. 

(5) The unit superintendent 
may appoint a member of his 
staff to present the case to 
the area disciplinary 
committee. The accused may 
request that a particular 
member of his unit's staff 
be appointed to assist him. 
The unit superintendent 
should allow this request 
unless the accused requests 
one of his accusers or other 
inappropriate persons, in 
which event the 
Superintendent shall appoint 
another staff member. The 
chosen or appointed 
representative should assist 
the accused both in 
preparing for the hearing 
and at the hearing. The 
staff assistant does not 
serve as an advocate. His 
role is only to assure that 
the inmate has an 
opportunity to present his 
version of the facts. The 
representative should 
document on a DC-138B the 
way in which he assisted the 
accused either before or 
during the hearing. 

(6) If the chosen or 



appointed representative has 
prior knowledge that the 
accused is guilty, he should 
inform the accused of that 
fact so that another staff 
member may be chosen if 
desired. Still, an 
appointed or chosen staff 
member can and should aid 
the accused in gathering 
evidence, even though he 
thinks that the accused is 
probably guilty. 

(7) The chairman of the area 
disciplinary committee shall 
begin the hearing by reading 
the charges to the accused 
and asking him whether he 
admits to committing the 
offense. If the accused 
denies guilty, the evidence 
bearing on this issue shall 
be presented. The accused 
shall be given an 
opportunity to refute or 
explain evidence against him 
and to present evidence and 
make a statement in his own 
behalf. Witnesses 
presenting relevant 
testimony on his behalf may 
testify in person or by 
telephone. Whenever the 
presentation of live 
testimony or physical 
evidence would jeopardize or 
threaten institutional or 
indivudual security, written 
statements of the facts of 
the incident gathered by the 
investigating officer may be 
used. Written statements of 
the adverse witnesses, 
including the accuser, may 
be used. The inmate shall 
not be permitted to 
cross-e.xamine witnesses. If 
the chairman deems it 
necessary to withhold the 
identify of the primary 
accuser or any other witness 
due to the threat of 
reprisal, the accused shall 
be informed of the part of 
testimony or statement of 
the accused which can be 
revealed without disclosing 
his identify. 

(8) After all evidence 
relating to guilt or 
innocence has been 
presented, the chairman will 
have the room cleared of all 
persons who are not voting 
members of the committee, 
except uninvolved people 
permitted to observe 
committee deliberations for 
educational or training 
purposes. If the committee 
does not feel that a proper 
decision can be reached on 
the basis of the information 
at its disposal, the 



NORTH CAROLINA REGISTER 



576 



chairman may reopen the 
hearing for additional 
questioning, postpone the 
hearing for one weclc in an 
attempt to obtain additional 
information, or dismiss the 
charges . 

(9) Upon reaching a decision 
as to the guilt or innocence 
by majority vote, the 
chairman shall enter the 
committee's findings and 
rationale on the record and 
reopen the hearing to advise 
the inmate of the decision. 
If he has been found guilty 
or if he admits guilt when 
the charges are read, the 
committee should hear any 
matter pertinent to the 
issue of proper disposition 
and then close the hearing 
for deliberation on this 
issue. Upon reaching a 
decision by majority vote as 
to the disposition and 
having noted the reasons for 
this determination on the 
record, the chairman shall 
reopen the hearing to advise 
the inmate of the decision, 
inform him of the fact that 
it will be reviewed, and 
permit him to have entered 
on the record any objections 
he may have to the decision. 
The chairman shall explain 
to the inmate that if he 
voices an objection, any 
punitive aspect of the 
decision will not take 
effect until the case is 
reviewed and the punishment 
is approved by the reviewing 
authority, while if no 
objection is made the 
decision will take effect 
immediately but be subject 
to being overturned or 
amended by the reviewing 
authority . 

(10) If the accused admits 
guilt or if he is found 
guilty of a minor offense by 
the area disciplinary 
committee* the committee may 
impose one or more of the 
measures authorized for 
minor offenses. If he 
admits guilt or if he is 
found guilty of a major 
offense by the area 
disciplinary committee, the 
committee may impose one or 
more of the measures 
authorized for minor 
offenses and in addition or 
in lieu thereof one or more 
of the measures authorized 
for major offenses. The 
committee may suspend such 
imposition on specified 
conditions for a stated 
period of time not to exceed 



six months. When an inmate 
is found guilty of 
possessing funds in a form 
other than that authorized 
by Division of Prisons 
policies or in excess of the 
authorized amount, the 
chairman shall make a 
separate ruling that the 
unauthorized funds shall be 
permanently confiscated and 
placed in the Welfare Fund. 
(11) The chairman of the 

committee shall be 
responsible for ensuring 
that all forms are properly 
completed. The inmate shall 
be entitled to a copy of a 
v;ritten statement of the 
evidence relied on by the 
committee and the reasons 
for the disciplinary action. 
Certain items of evidence 
may be excluded if necessary 
to protect a witness or 
informant from reprisal . 
When information supplied by 
confidential informants is 
relied upon, the chairman 
shall document in the record 
the reasons why the 
information provided was 
trustworthy or that the 
informant has provided 
reliable information in the 
past. Copies of the DC-138 
and DC-138(c) shall be 
forewarded to Combined 
Records and placed in the 
inmate's headquarter jacket. 
The original of these forms 
will be placed in the 
inmate's field jacket. 

History Note: Statutory 
Authority G.S. 148-1 1 ; 
Eff. February 1, 1976; 
Amended Eff. December 1, 1986; 
June 1 , 1984. 

SECTION .0300 - LIST OF 

INFRACTIONS 

.0302 DISCIPLINARY OFFENSES 
The offenses numbered 16 
through 42 shall be dealt with 
as major offenses unless the 
presence of matters in 
mitigation justify the handling 
as a minor offense. It shall be 
a major offense to: 
(41 ) Possess funds in the form 
other than that authorized by 
the Division of Prisons 
policies or in excess of the 
authorized amount; 
(42) Attempt to commit any of 
the above listed offenses, 
aid another person to commit 
any of the above-listed 
offenses, or make plans to 
commit any of the 
above-listed offenses shall 
be a major offense. It shall 



577 



NORTH CAROLINA REGISTER 



be no defense that an 
individual was prevented from 
completing any of the above 
offense by prison staff or 
intervening circumstances. 

History Note: Statutory 
Authority G.S. 15A-1340-7; 
148-11; 148-13; 
Eff . February 1 , 1976; 
Amended Eff. December 1, 1986; 
August 10, 1981 . 

SUBCHAPTER 2C - CLASSIFICATION 

SECTION .0500 - PROMOTION OF 
FELONS TO MINIMUM 
CUSTODY 

.0503 CRITERIA FOR 

CONSIDERATION OF AND 
REVIEW FOR PROMOTION 
(b) The following rules 
should be applied in the 
determination of a felon 
inmate's eligibility for minimum 
custody review. 

(1) Except as otherwise 

provided by this Section, no 
felon inmate shall be 
considered for promotion to 
minimum custody unless such 
inmate is within sixty 
months from a prospective 
release date, which shall 
include expiration of 
sentence, community service 
parole eligibility date, or 
other parole eligibility 
date . 

History Note: Statutory 
Authority G.S. 148-4; 
148-11; 148-33. 1(a); 
Eff. February 1, 1976; 
Amended Eff. December 1, 1986; 
December 1, 1984; August 1, 1983; 
September 29; 1978. 



SUBCHAPTER 2E - TREATMENT 

SECTION .0100 - DIETARY POLICY 

.0102 MENU 

A master menu will be posted 

in the dining room at each unit 

and institution. All food 

containing pork will be clearly 

marked with an asterisk on the 

menu. Inmates whose religious 

beliefs prohibit consumption of 

pork must notify the unit 

superintendent or institution 

head in writing. Those inmates 

who have given such written 

notice will be served as 

follows : 

C 1 ) When pork is the meat item 

on the menu, no other 

substitute meat will be 

allowed. Hovjever, to meet 

basic nutritional needs, 

other food items containing 



equivalent amounts of protein 
will be served to replace the 
pork meat, such as cheeses, 
dried beans and peas, eggs, 
and peanut butter; 

(2) When any non-meat food 
items containing pork or pork 
seasoning are served, 
sufficient quantities of that 
same item will be served 
without pork or pork 
seasoning; 

(3) Utensils used for the 
preparation and serving of 
pork items shall be 
thoroughly washed before 
using to prepare and serve 
non-pork items; 

(4) At least one of the three 
daily meals will contain a 
non-pork meat as the main 
meat item; and 

(5) Pack-out lunches shall 
follow the same dietary 
requirements as the master 
menu, and shall be subject to 
the exceptions in this Rule. 

History Note: Statutory 
Authority G.S. 148-11; 
Eff. February 1, 1976; 
Amended Eff. December 1, 1986. 

SECTION .0700 - WORK RELEASE 

.0701 PURPOSE 

The V'^ork Release Program 
provides selected inmates the 
opportunity for employment in 
the community during the period 
of incarceration. The 

Department of Correction 
operates the Work Release 
Program to: 

( 1 ) Respond to statutory 
requirements, by: 

(a) Establishing rules and 
regulations for work 
release; 

(b) Designing units for 
quartering work release 
inmates; 

(c) Ensuring consideration 
and placement for inmates 
court ordered or court 
recommended for work 
release; and 

(d) Managing and disbursing 
work release earnings as 
required by statute or court 
order . 

(2) Respond to the 
transitional needs of soon to 
be released inmates and the 
program and maintenance needs 
of longer term inmates. 

(3) Respond to community labor 
needs . 

(4) Respond to the need to 
support inmate families and 
to reduce the economic costs 
of prison. 

History Note: Statutory 



NORTH CAROLINA REGISTER 



578 



Authority G.S. 148-11; 
148-33.1 ; 

Eff . February 1 , 1976; 
Amended Eff. December 1, 1986; 
July K 1985; October 10, 1977. 

.0702 WORK RELEASE ELIGIBILITY 
Eligibility for work release 
participation is determined by 
the sciatcncing court. as 
follows ; 
( 1 ) Inmates sentenced for 

misdemeanor crimes after July 
1, 1986, who are court 
ordered for work release are 
to be placed on work release 
as specified in the court 
order. Authorization for 
work release placement in 
this eligibility category is 
the sentencing court and 
consideration is not subject 
to custodial and correctional 
considerations as defined in 
Rule .0703(2)(c)(i)(A)(i) and 
(D) . 

(2) Inmates sentenced to a 
total sentence length of five 
years or less who are court 
recommended for work release 
are to be placed on work 
release immediately. 
Authorization for immediate 
work release placement in 
this eligibility category is 
granted to the Director of 
Prisons by the Secretary of 
Correction unless: 

(a) A suitable work release 
facility is unavailable in 
the area of the proposed 
employment, or 

(b) Custodial and 
correctional consideration 
as defined in Rule 
.0703(2)(c)(i) would 
preclude granting work 
release . 

(3) Inmates sentenced for 
crimes committed after July 
1, 1981, who are not court 
recommended for work release 
are eligible for work release 
under the conditions set 
forth in Rule .0703(3). 
Authorization for work 
release placement in this 
eligibility category is 
granted to the Director of 
Prisons by the Secretary of 
Correction . 

(4) Inmates sentenced for 
crimes committed prior to 
July 1, 1981, serving terms 
greater than five years are 
eligible for work release 
under the conditions set 
forth in Rule .0703(4) and 
only after approval by the 
North Carolina Parole 
Commission. Authorization 
for work release placement in 
this eligibility category is 
granted to the Secretary of 



Correction by the Parole 
Commission . 
(5) Inmates sentenced to 

multiple terms v;hich place 
them in conflicting 
eligibility categories as 
defined herein will be 
determined as follows: 

(a) Inmates sentenced to a 
misdemeanor offense with 
court ordered work release 
and also sentenced to a 
felony sentence are not 
eligible for immediate work 
release placement until the 
additional conditions of 
Rule .0703(2), (3) and (4) 
are met . 

(b) Inmates sentenced for 
crimes committed before and 
after July 1, 1981, with 
sentence lengths greater 
than five years must meet 
the conditions of Rule .0703 
(3) and (4). 

(c) Inmates serving 
indeterminate sentences with 
a minimum of five years or 
less and a maximum of more 
than five years will be 
considered in the same 
category as inmates serving 
sentences greater than five 
years . 

History Note: Statutory 
Authority G.S. 148-11 ; 
148-33. 1 ; 

Eff. February 1, 1976; 
Amended Eff. December 1, 1986; 
July 1, 1985; October 10, 1977. 

.0703 WORK RELEASE CONDITIONS 
The following specific 
requirements must be met in 
order to grant work release for 
each eligibility category listed 
in Rule .0702: 
( 1 ) Misdemeanants court 
ordered for work release . 
(a) The commitment or court 
order from the sentencing 
court should provide: 

(i) The date work release 
is to begin; 
(ii) The prison or local 
confinement facility to 
which the offender is to 
be committed; 
(iii) A provision that work 
work release terminates 
the date the offender 
loses his job or violates 
the conditions of the v;ork 
release program 

established by the 
Department of Correction; 
and 
(iv) A determination as to 
whether the earnings of 
the offender are to be 
disbursed by the 
Department of Correction 
or by the cleark of the 



579 



NORTH CAROLINA REGISTER 



sentencing court in the 
manner that the court in 
its order directs. 

(b) A misdemeanant court 
ordered for work release 
will be housed at the prison 
facility specified by the 
court. However, if the 
facility specified cannot 
house work release inmates 
due to overcrowding or other 
administrative purposes, 
inmates can be assigned to 
some other approprate prison 
facility. For the purposes 
of this Rule, "overcrowding" 
refers to a population count 
above the designated 
capacity for the facility. 
"Administrative purposes" 
are defined as management 
practices which determine 
the classification, custody, 
programs and security at 
each unit. 

(c) The inmate must not be 
awaiting trial on felony 
charges or have any felony 
detainers pending. 

(d) The inmate will be in 
minimum custody level III by 
the date work release is 
ordered to begin. 

(e) A misdemeanant court 
ordered for work release 
will be processed as 
outlined in Rule .0706(a). 

(f) If court ordered work 
release is delayed or 
disapproved, the 
classification authority 
will document the reasons 
for such action on the 
DC-121. The inmate should 
be notified by a letter 
which shall set forth the 
reasons for the delay or 
denial . 

(g) If an inmate who is 
court ordered for work 
release and has suitable 
employment is disapproved, 
the Area Administrator/ 
Institution Head or his 
designee will notify the 
sentencing judge by letter 
noting the reasons for 
disapproval . 

(2) Innatcs sentenced to a 

total sentence length of five 
years or less wlio are court 
recommended for work release 
and therefore requiring 
immediate work release 
placement . 

(a) The inmate must not be 
awaiting trial on felony 
charges or have any felony 
detainers . 

(b) The inmate must have 
suitable employment at the 
time of commitment in an 
area where there is a field 
unit or other facility 



suitable for housing the 
inmate . 
(i) "Suitable employment" 
shall require that: 

(A) The employer must pay 
at least the current 
minimum wage; 

(B) The employer must 
participate in an 
insurance program, 
preferably the Worker's 
Compensation Program, 
which will compensate 
the inmate for injury by 
accident arising out of 
and in the course of 
employment ; 

(C) The work setting 
must provide an 
appropriately supervised 
environment. Employment 
by family members should 
be closely scrutinized 
to determine if 
supervision can be 
satisfactorily 
maintained; and 

(D) Inmates disciplined 
by a regulatory body 
established by laws for 
conduct related to their 
work will not be placed 
in the same or similar 
work without 
consultation with the 
regulatory body and 
prior approval of the 
Secretary of Correction. 

(ii) The processing 

diagnostic center will 
confirm the job offer. 
Verbal verification will 
be followed up with a 
letter of confirmation 
except with a regular work 
release employer. The 
processing diagnostic 
center will notify the 
proposed unit of housing 
for work release directly 
by telephone and will 
request an investigation 
of the work release job 
plan. Information 

concerning the inmate, the 
crime, the job plan 
particulars, and the other 
information as appropriate 
will be provided. The 
receiving unit will 
conduct the job 
investigation and will 
provide return 

notification to the 
referring diagnostic 
center by telephone within 
three working days. 
Diagnostic center staff 
will send a notification 
to the receiving area via 
a DCI terminal 
transmission stating a 
request for an 



NORTH CAROLINA REGISTER 



580 



investigation has been 
made . 
(iii) If a suitable 

facility is not within 
normal commuting distance 
of the inmate's 
employment , a contract may 
be negotiated with the 
county sheriff for housing 
the inmate at a local 
confinement facility, 
(iv) If suitable 
employment is not 
available at the time of 
the commitment, all other 
provisions in this 
Subsection do not apply 
until such employment is 
secured. The following 
procedure shall be 
followed : 

(A) The staff of the 
diagnostic center shall 
counsel and assist the 
inmate in his job 
search. The assistance 
shall include contacts 
with prospective 
employers on behalf of 
the inmate. 

(B) If suitable 
employment is not 
secured at the 
completion of the 
regular diagnostic 
process, the inmate 
shall be assigned to an 
appropriate field unit 
by the classification 
authority. The 
assignment should be 
made to facilitate the 
inmate's search for 
employment . The 
classification authority 
should consider 
promoting the inmate to 
minimum custody level 
III for work release 
only if otherwise 
eligible to further 
facilitate work release 
development and 
placement . The 
following is a suggested 
priority list of 
assignment locations. 

(I) An appropriate 
unit close to the 
inmate's home; 
(II) An appropriate 
unit within commuting 
distance of a 
promising job market; 
(III) An appropriate 
unit which is a 
reasonable compromise 
of the above 
prior it ies . 

(C) The program staff of 
inmate's field unit 
shall counsel and assist 
the inmate in his job 
search. The assistance 



shall include contacts 

with prospective 

employers. While 

seeking work release 

employment, the inmate 

may be given any 

appropriate duty 

assignment by the 

classification authority 

but the duty assignment 

shall not impair the 

inmate's opportunity for 

work release . When 

suitable employment is 

obtained, the inmate 

shall immediately be 

processed in accordance 

with this Subsection. 

(c) The following custodial 

and correctional 

considerations, as defined 

in (i) of this Rule, v;ill 

preclude the inmate's 

participation in the work 

release program. 

(i) Even though an inmate 

is court recommended for 

work release, the inmate 

may be denied work release 

privileges by the 

classification authority 

under the following 

conditions : 

(A) The inmate has a 
prior criminal or prison 
record of escape or 
assaultive behavior 
which would normally 
result in the denial of 
work release privileges 
to an inmate who had not 
been recommended by the 
court ; 

(B) The inmate has 
committed infractions 
subsequent to commitment 
under the sentence 
recommending work 
release which would 
normally result in the 
denial of work release 
privileges to an inmate 
who had not been 
recommended by the 
court ; 

(C) The inmate has a 
serious health problem, 
mental or physical, 
which warrants immediate 
treatment or observation 
on a continuing basis. 
This problem shall be 
fully documented on the 
DC-121R; or 

(D) The inmate has 
committed major rule 
violations during a 
pre/ious term of 
confinement during work 
release participation of 
sufficient magnitude to 
give cause for current 
program disapproval . 

(ii) If there is reason to 



581 



NORTH CAROLINA REGISTER 



believe that an inmate is 
subject to denial of work 
release privileges, his 
placement on the work 
release program may be 
temporarily delayed by the 
classification authority 
pending further study of 
his case and the final 
decision of the 
classification authority, 
(iii) If court recommended 
work release is delayed or 
disapproved, the 

classification authority 
will document the reasons 
for such action on the 
DC-121. The inmate should 
be notified by a letter 
which shall set forth the 
reasons for the delay or 
denial . 
(iv) If an inmate who is 
court recommended for work 
release and has suitable 
employment is disapproved 
pursuant to the conditions 
of Rule .0703(2)(c)(i)(A) 
through (D), the Area 
Administrator/ Institution 
Head or his designee will 
notify the sentencing 
judge by letter noting the 
reasons for disapproval . 

(d) Subject to the 
considerations set forth in 
Rule .0703(2)(c), all 
inmates with court 
recommendations for work 
release are immediately to 
be placed in a minimum 
custody level III, for the 
purpose of work release 
only. The inmate will not 
have any other community 
privileges unless approved 
as provided in the edisting 
policy relating to outside 
activities (5 NCAC 2F 
.0600) . 

(e) Transfer to the 
appropriate field unit will 
be processed by the 
classification authority. 
Court ordered/recommended 
inmates approved for work 
release shall receive first 
priority for housing 
assignments and transfers. 
A priority list shall be 
established within eacli 
area . Court recommended and 
approved inmates shall 
receive the top priority 
based on the length of time 
in the prison system. The 
remainder of the list shall 
be composed of other inmates 
approved for work release in 
order of length of time 
since receipt of approval. 

(f) Inmates with a court 
recommendation for work 
release should be processed. 



transferred and placed on 
work release wihin ten 
working days of admission 
unless custodial and 
correctional considerations 
clearly preclude such an 
assignment or a work release 
facility is unavailable in 
the area of proposed 
employment . 
(g) A court recommendation 
which states work release is 
recommended or which states 
immediate work release is 
recommended will be 
interpreted as requiring 
immediate work release 
placement . 

(3) Inmates sentenced for 
crimes committed after July 
1, 1981. who are not court 
recommended for work release. 

(a) Inmates serving sentences 
totaling five years or less 
are eligible for immediate 
work release consideration. 
Those sentenced to greater 
than five years must be 
within three years of the 
maximum release date or 
parole eligibility date 
except as approved by the 
Director of Prisons. 

(b) The inmate must not be 
awaiting trial on felony 
charges or have any felony 
detainers pending. 

(c) Suitable employment as 
defined in Rule 
.0703(2)(b)(i) must be 
available prior to work 
release placement but 
approval for the work 
release program can be 
granted before an employment 
plan is developed. 

(d) If a suitable facility 

is not vjithin normal 
commuting distance of the 
inmate's employment, a 
contract may be negotiated 
with the county sheriff for 
housing the inmate at a 
local confinement facility. 

(e) The inmate must be in 
minimum custody level III by 
the date work release is to 
begin . 

(f) The inmate must not 

have had either an escape 
within six months or a major 
infraction within three 
months of work release 
approval . 

(4) Inmates sentenced for 
crimes committed prior to 
July 1, 1981, with sentences 
greater than five years. 

(a) The inmate must be 

within three years of the 
ma.ximum release date or 
parole eligibility date, 
except as approved by the 
Director of Prisons. 



NORTH CAROLINA REGISTER 



582 



(b) The inmate must have 
approval of the Parole 
Commission. For those 
inmates on approved MAPP 
Agreements with a total 
sentence length of less than 
thirty years, the MAPP 
Agreement represents work 
release approval by the 
Parole Commission. 

(c) The inmate must not be 
awaiting trial on felony 
charges or have any felony 
detainers pending. 

(d) Suitable employment, as 
defined in Rule 
.0703(2)(b)(i) will be 
required for placement and 
may be required for Parole 
Commission approval as 
stated in Rule .0707(f). 

(e) If a suitable facility is 
not within normal commuting 
distance of the inmate's 
employment, a contract may 
be negotiated with the 
county sheriff for housing 
the inmate in a local 
confinement facility. 

(f) The inmate must be in 
minimum custody level III 
status on the date he is to 
begin participating in work 
release. However, approval 
for work release may be 
requested through the Parole 
Commission prior to 
attaining minimum custody 
level III. 

(g) The inmate must not 

have had either an escape 
within six months or a major 
infraction within three 
months of work release 
approval . 

History Note: Statutory 
Authority G.S. 148-1 1 ; 
148-33.1 ; 

Eff . February 1 , 1976; 
Amended Eff. December 1, 1986; 
AtDril 1, 1986; 
December 1, 1985; July 1, 1985. 

.0704 CONCURRENT: CONSECUTIVE 
SENTENCES 

(a) Inmates Received at the 
Diagnostic Center 

(1) In certain situations an 
inmate will have concurrent 
or consecutive sentences and 
not be court recommended for 
work release on all 
sentences and therefore the 
negative finding controls. 
However, if the total 
sentence length is five 
years or less, the inmate 
remains eligible for 
immediate work release 
consideration. If the total 
sentence length is greater 
than five years, the inmate 
must be approved for work 



release in accordance with 
Rule .0703(3). 

(2) It is possible that a 
sentencing judge may have 
simply neglected to make a 
finding regarding work 
release. This is most 
likely in cases where the 
same judge imposes both 
sentences or where the 
sentence without the 
recommendation is a less 
serious misdemeanor. When 
this occurs, the director of 
the diagnostic center should 
be notified as soon as 
possible. The diagnostic 
center director will send a 
letter to the inmate 
informing him that he is 
ineligible for the work 
release program but that he 
may be placed on the program 
if the inmate or the 
inmate's lawyer can secure a 
recommendation from the 
sentencing judge. If he 
cannot, he must be 
specifically approved in 
accordance with Rule 
.0703(3) . 

(3) A recommendation may be 
presented in the form of a 
corrected commitment or a 
letter of recommendation 
from the sentencing judge. 
Upon receipt of a corrected 
commitment or letter of 
recommendation, the 
addressee shall immediately 
notify the approving 
authority within the area or 
institution to which the 
inmate is assigned. The 
approving authority shall 
process the inmate in 
accordance with Rule 
.0703(2). If total sentence 
length is five years or 
less . 

(b) Inmates presently assigned 

to Work Release. When an inmate 

is already assigned to the work 

release program and a second 

sentence without a 

recommendation for work release 

is received the following 

procedure should be followed: 

( 1 ) If the second sentence is 

five years or less and 

consecutive sentences total 

a maximum of five years or 

less, the approving 

authority may either leave 

the inmate on work release 

pending clarification of the 

court's intentions or, 

depending upon the nature of 

the second offense, remove 

the inmate from work release 

pending clarification. If 

tlic nature of the offense 

resulting in the second 

sentence is such that it 



583 



NORTH CAROLINA REGIJTER 



appears that the inmate's 
presence in the community 
would create an unnecessary 
risk, the inmate should be 
removed from the work 
release program pending 
clarification. The inmate 
should be informed of his 
status by letter . The 
letter should instruct the 
inmate that reinstatement is 
possible if he or his lawyer 
can secure a recommendation 
from the sentencing judge in 
the form of a corrected 
commitment or a letter of 
recommendation. If a 
recommendation is received, 
the inmate will be 
immediately processed in 
accordance with Rule 
.0703(2). If no 

recommendation is received, 
the innate normally shall be 
removed from the work 
release program unless 
otherwise eligible under 
Rule .0703(3). Careful 
consideration with 

justification documented 
should be afforded inmates 
who are allowed to remain on 
work release without some 
form of recommendation from 
the sentencing judge. The 
Court's recommendation for 
work release on the first 
sentence should be 
considered as a positive 
factor if other condition of 
Rule .0703(3) are fulfilled. 
(2) If the second sentence is 
for more than five years or 
if consecutive sentences 
add-up to a maximum of more 
than five years, the inmate 
should be informed by letter 
that he must be removed from 
his work release job and 
that he can not be 
reinstated without the 
approval of the Parole 
Commission or the Area 
Administrator/ Institution 
Head if sentenced for a 
crime after July 1, 1981. 

History Note: Statutory 
Authority G.S. 148-1 1 ; 
148-33.1 ; 

Eff . February 1 , 1976; 
Amended Eff. December 1, 1986; 
July 1, 1985; October 10, 1977. 

.0705 PROBATION REVOKED 
Only the court which revokes 
probation may make an acceptable 
recommendation for work release. 
If the revoking court recommends 
work release in a case with a 
sentence of five years or less, 
the inmate shall be processed in 
accordance with Rule .0703(2). 
If the revoking court fails to 



recommend work release, and the 
judgment suspending sentence 
does recommend work release, a 
letter should be sent to the 
inmate informing him that he is 
ineligible for the work release 
program but that he may become 
eligible if he or his lawyer can 
secure a recommendation from the 
revoking court. If a 
recommendation is received, the 
inmate shall be processed in 
accordance with Rule .0703(2). 

History Note: Statutory 
Authority G.S. 148-11; 
148-33.1 ; 

Eff. February 1, 1976; 
Amended Eff. December 1, 1986; 
July 1, 1985; October 10, 1977. 

.0706 PROCESSING PROCEDURES 
The following procedures 
specify actions to be taken to 
process work release for each 
eligibility category defined in 
Rule .0702. 
(1) The following applies to 
all misdemeanants who are 
court ordered for work 
release . 

(a) Processing for 
misdemeanants who are court 
ordered for work release 
will include fingerprints, 
pliotographs, completion of 
DC-134 and 134A, personal 
property inventory, medical 
examination, psychological 
testing administered on a 
need to know basis, 
completion of DC-121I to 
include promotion to minimum 
custody level III for work 
release only and unit 
assignment. Verification of 
employment in accordance 
with Rule .0703(2)(b)(ii) 
and subsequent completion of 
sections A, B, C and D or 
the DC-190 will be 
accomplished . 

(b) A misdemeanant court 
ordered for work release who 
has a job plan recognized or 
acknowledged by the 
sentencing court by notation 
on the commitment or other 
court document will be 
placed on that job upon 
verification of employment 
in accordance with Rule 
.0703(2)(b)(ii). A work 
relezise job plan 
acknowledged by the court 
will not be required to meet 
the standards of suitable 
employment specified in Rule 
.0703(2)(b)(i) and work 
release placement will move 
forward. The Area 
Administrator, Institution 
Head or designee will write 
the sentencing judge stating 



NORTH CAROLINA REGISTER 



584 



work release placement on 
the court acknowledged job 
plan has been approved based 
on the court order but that 
approval would not have been 
granted otherwise due to the 
job not meeting Department 
of Correction requirements 
for suitable employment. 
The letter should explain 
why the job plan does not 
qualify as suitable 
employment under Department 
of Correction guidelines 
[Rule .0703(2)(b)(i)] . 

(c) If the sentencing court 
has not acknowledged a 
specific job plan for work 
release, policy requirements 
for suitable employment will 
apply. 

(d) An inmate court ordered 
for work release who does 
not have a job plan at the 
time of commitment to prison 
will receive normal staff 
assistance in the job search 
as defined in Rule 
.0703(2Hb)(iv). 

(e) The director of the 
processing diagnostic center 
is designated as the 
approving authority for 
promotion and work release 
approval for misdemeanants 
who are court ordered for 
work release by the 
sentencing court. 

(f) Transfer to the specified 
unit of assignment will be 
accomplished to ensure the 
inmate begins work release 
on the date specified in the 
court order or as soon 
thereafter as possible . 

(g) The date the innate 
begins v.'ork will be written 
in section G of the DC-190 
by the superintendent. The 
appropriate copies of the 
DC-190 will then be 
forwarded to the Work 
Release Accounting Office in 
Raleigh for clearing of 
section C and tlie opening of 
the Vi'ork Release Account . 

(2) The following applies to 

all inmates serving sentences 

of five years or less and 

recommended for work release 

by the sentencing court. 

(a) After completions of the 

reception process as defined 

in Rule .0706(n(a) of this 

Rule, the director of the 

processing diagnostic center 

will approve promotion to 

minimum custody level III 

for work release only and 

will approve work release by 

signing the appropriate 

DC-121 and DC-190, unless 

custodial and correctional 

considerations preclude work 



release participation by the 
inmate. A negative finding 
at this level, however, will 
be referred to the Area 
Administrator or Institution 
Head for final disposition. 
In any event , the approving 
autliority will sign section 
h of the DC-190. 

(b) After approval, the 
inmate will be transferred 
directly to the final unit 
of assignment by the 
processing diagnostic center 
to begin work release. The 
sending unit will be the 
approving authority for this 
classification action. 

(c) The date the inmate 
begins work will be written 
in section G of the DC-190 
by the superintendent. The 
appropriate copies of the 
DC-190 will then be 
forwarded to the Work 
Release Accounting Office in 
Raleigh for clearing of 
section C and the opening of 
the Work Release Account . 

(3) The follov)ing applies to 
all inmates serving sentences 
of five years or less who 
were either not recommended 
for work release by the 
sentencing court. or while 
court recommended, were not 
initially approved for the 
program . 

(a) Sections A, B, C and D of 
form DC-190 are to be filled 
out by the program committee 
and submitted to the 
superintendent for approval 
(Section H ) . The 
superintendent will ensure 
that the conditions outlined 
in Section B are met. 
Generally, the DC-190 and 
DC-121 should be submitted 
in a package for 
consideration . 

(b) After approval by the 
superintendent, the DC-190 
is submitted for approval. 
If the inmate is housed in a 
county unit, the Area 
Administrator is the 
approving authority. If the 
inmate is housed in an 
institution, the Institution 
Head is the approving 
authority. The approving 
authority shall sign Section 
H of the DC-190. If the 
recommendation is 
disapproved, all copies of 
the DC-190 should be 
returned to the origination 
unit or institution. 

(c) After approval by the 
Area Administrator/ 
Institution Head, the inmate 
may begin work. The date 
the inmate begins work will 



585 



NORTH CAROLINA REGISTER 



be written in Section G of 
the DC-190 by the 
superintendent. The 

appropriate copies of the 
DC-190 will then be 
forwarded to the Work 
Release Accounting Office in 
Raleigh for clearing of 
Section C and the opening of 
the V'Jork Release Account. 
(4) The following applies to 
all inmates serving sentences 
greater than five years . 

(a) Sections A, B, C and D of 
the DC-190 are to be filled 
out by the program committee 
and referred to the 
superintendent for approval 
(Section H) . The 
superintendent will ensure 
that the conditions outlined 
in Section B are met. 
Generally, the DC-190 and 
DC-121 should be submitted 
in a package for 
consideration . 

(b) After approval by the 
superintendent, the DC-190 
is submitted for approval. 
If the inmate is housed in a 
county unit, the Area 
Administrator is the 
approving authority. If the 
inmate is housed in an 
institution, the Institution 
Head is the approving 
authority. The approving 
authority shall sign Section 
H of the DC-190. If the 
recommendation is 
disapproved, all copies of 
the DC-190 should be 
returned to the originating 
unit or institution. 

(c) Following approval by the 
Area Administrator/ 
Institution Head, the DC-190 
is forv/arded to the Parole 
Commission except for 
inmates sentenced for crimes 
committed after July 1 , 
1981 . Inmates sentenced for 
crimes committed after July 
1, 1981, are placed on work 
release following final 
approval by the Area 
Administrator/ Institution 
Head. 

(d) The inmate, 
superintendent, area office, 
and Work Release Accounting 
will be notified in writing 
(PC-28 and DC-190) by the 
Parole Commission of its 
decision for cases requiring 
Parole Commission approval. 

(e) The DC-190 is then 
submitted by the unit 
superintendent to Work 
Release Accounting Office in 
Raleigh after the inmate 
begins work. Work Release 
Accounting will open the 
work release account and 



will clear DC-190, Section 
C, with the Division of 
Social Services. 

History Note: Statutory 
Authority G.S. 148-11; 
148-33.1 ; 

Eff. February 1, 1976; 
Amended Eff. December 1, 1986; 
July 1, 1985; October 10, 1977. 

.0707 OTHER REQUIREMENTS/ 
CONDITIONS 

(a) If an inmate is to be 
transferred for the purpose of 
work release a DC-121R outlining 
classification actions and 
objectives should accompany the 
inmate's record to the receiving 
unit . 

(b) The inmate should be in 
the appropriate minimum custody 
level for work release at the 
time of transfer. This will 
prevent unnecessary delays. 

(c) The issue of restitution 
must have been considered and 
resolved by the reviewing 
authority with the completion of 
the appropriate forms if the 
inmate has been court 
recommended or court ordered for 
restitution . 

(d) Appropriate disciplinary 
action for major infractions 
committed while on the work 
release program shall be at the 
discretion of the Area 
Disciplinary Committee. 

(e) Mutual agreement 
programming (individual 
contracts) should be considered, 
especially with felons, by the 
classification/program committee 
whenever possible. These 
arrangements should include 
programs such as G . E .D . /A.B .E . , 
alcohol, drug treatment. 

(f) For inmates who are 
recommended to the Parole 
Commission for work release 
approval, the commission will 
require : 

(1) Employment investigation 
on specific cases which the 
Parole Commission will 
designate during the review 
process . 

(2) Specific job plan 
investigation by a 
Probation/Parole Officer for 
inmates whose sentences 
total thirty years or more. 
This requirement for 
investigation applies to job 
changes as well as the 
initial job plan for inmates 
whose sentences total thirty 
years or more . 

(3) Parole Commission 
approval for work release 
shall automatically be 
withdravjn anytime an inmate 
is removed from work release 



NORTH CAROLINA REGISTER 



586 



because of an infraction 
resulting in demotion to 
medium custody. 

History Note: Statutory 
Authority G.S. 148-1 1 ; 
Eff . February 1 , 1976; 
Amended Eff. December 1, 1986; 
July 1 , 1985. 

.0708 TRANSPORTATION 

Transportation to and 
from work release can be 
provided by the Department of 
Correction, by public 
transportation or by private 
individuals, subject to the 
following requirements: 

(1) Inmate transported by the 
Department of Correction will 
be charged a daily rate set 
by the Director of Prisons. 

(2) Inmate who use public 
transportation will be 
limited to the most direct 
route to and from the job 
site. The form of 
transportation and route to 
be used will be approved by 
the superintendent of the 
work release unit . 

(3) Private individuals 
including members of the 
inmate's family can be 
approved to provide 
transportation to work 
release inmates by the 
superintendent of the work 
release unit . Those persons 
providing transportation must 
have a valid drivers license. 
More than one individual can 
be approved to provide 
transportation for a work 
release inmate and persons 
providing transportation can 
transport more than one work 
release inmate . Tlic 
superintendent can disapprove 
any person requesting to 
provide transportation for 
any reason if in the judgment 
of the superintendent 
approval would not be in the 
best interest of the inmate 
or would be contrary to 
continued successful 
participation on work 
release. The fee for private 
transportation will be 
determined at the time of 
approval . Those persons 
providing transportation to 
v.'ork release inmates shall be 
required to use the most 
direct route to and from the 
job site . 

(4) Work release inmates will 
not be permitted to drive to 
and from the unit to the job 
site; however, work release 
inmates can be granted 
driving privileges as part of 
their work release employment 



if recommended by the Unit 
Superintendent and approved 
by the Area Administrator/ 
Institution Head under the 
follov.'ing conditions: 

(A) The v/ork release employer 
provides a letter stating 
driving privileges are 
necessary to perform the job 
to which the inmate is 
em.ployed; 

(B) Tlie vehicle to be driven 
is owned and insured by the 
employer ; 

(C) The inmate has a valid 
drivers license; 

(D) The inmate has not been 
convicted of driving while 
impaired; and 

(E) The inmate's driving 
record shows no moving 
violations for the two years 
prior to admission to 
prison . 

History Note: Statutory 
Authority G.S. 148-11 ; 
Eff. December 1, 1986. 



SECTION .1300 



STUDY RELEASE 



.1301 GENERAL 

(a) This Rule sets forth the 
requirements, conditions, and 
procedures for inmate 
participation in the study 
release program. 

(b) Study release is a 
community-based program of 
rehabilitation that includes any 
situation in which an inmate 
participates in an academic or 
vocational training program away 
from the correctional facility 
and is not supervised during tlie 
classroom training period by a 
correctional employee or an 
agent of the Department of 
Correction. Study release 
program activities include such 
programs as : sheltered 
workshps, on-the-job training, 
learning lab activities, 
specialized enrichment programs, 
and community college or 
unversity level course work 
leading to a certificate or 
degree. Authority to grant 
approval for inmates to 
participate in the study release 
program has been extended to 
command Managers, Area 
Administrators and Institution 
Heads from the secretary through 
the Director of Prisons. 

History Note : Statutory 
Authority G.S. 148-11; 148-13; 
Eff. December 1 , 1986. 

.1302 ELIGIBILITY REQUIREMENTS 
Inmate participation in the 
study release program is subject 
to the following requirements: 



587 



NORTH CAROLINA REGISTER 



(1) The inmate must be in 
minimum custody, level III 
and must have participated in 
other community-based 
activities outside the 
correctional facility. 

(2) The inmate must have the 
potential for release through 
parole, work release or 
sentence expiration following 
the completion of the 
designated study release 
program . 

(3) For those inmates who are 
found to be eligible and who 
are under consideration for 
study release participation, 
the following factors must be 
determined : 

(a) The course of study which 
the inmate wishes to pursue 
is not available on-site at 
an appropriate correctional 
facility; 

(b) The course of study for 
the participant will 
significantly enhance the 
inmate's opportunity of 
being a productive citizen 
upon release. 

(c) There is reasonable cause 
to believe that the inmate 
has the capability of 
successfully completing the 
designed study release 
program; and 

(d) There is reasonable cause 
to believe that the inmate 
will honor all the 
conditions of the study 
release participation and 
not abuse the privilege. 

(4) For those inmates who are 
court-recommended for study 
release participation, 
additional consideration will 
be afforded inmates in this 
category provided that the 
inmate has met all other 
prerequisites for study 
release. A court order for 
study release is neither a 
prerequisite nor a mandate 
for an inmate to participate 
in the study release program. 

History Note: Statutory 
Authority G.S. 1^8-11; 148-13; 
Eff. December 1, 1986. 

.1303 STUDY RELEASE CONDITIONS 
A participant in the study 
release program shall adhere to 
the following conditions: 

(1) The inmate participant 
will proceed directly to and 
from the correctional 
facility using an approved 
means of transportation and 
an approved route to and from 
the educational facility. 

(2) Upon completion of course 
work at the end of the class 
day, the inmate will return 



immediately to the 
correctional facility by an 
approved route and means of 
transportation . 
Participation in activities 
and being at locations other 
than classrooms and 
activities associated with 
the classrooms are prohibited 
without prior approval of the 
unit superintendent/ 

institution head. 
(3) The inmate will be subject 
to any and all rules 
currently described in the 
Division of Prisons Policies 
and Procedures Manual while 
participating in 

community-based programs. 

History Note: Statutory 
Authority G.S. 148-11; 148-13; 
Eff. December 1, 1986. 

.1304 APPLICATION PROCEDURE 

(a) The Study Release Action 
Form (Dc-356) will be completed 
in Sections A, B, C, D, and F to 
place an inmate on study 
release. The following 
procedures will be followed in 
completing the DC-356: 

(1) Circle 01 in Section 
"Transactions" of the Study 
Release Action Form (DC-356) 
if the inmate is a new 
applicant. If he/she is a 
former study release studnet 
and is applying for 
reinstatement, circle 04. 

(2) Complete Parts A, B, and 
C of Form DC-356. 

(3) The rules and regulations 
of the Department of 
Correction and the 
conditions upon which study 
release is granted will be 
carefully explained to the 
inmate. He acknowledges his 
understanding by signing his 
name on the appropriate line 
in Part D of Form DC-356. 
The correctional official 
v;itnessing this is to sign 
his name on the designated 
line in Part D. 

(4) The unit or institutional 
recommendation is to be 
noted by the 
Superintendent /institution 
head in the appropriate 
section of Part F of Form 
DC-356. 

(b) All applications, whether 
approved or not, and the 
supporting material will be sent 
from respective units to the 
area office; and for the Youth 
Centers and Institutions to the 
Command Manager's Office. 

(1) The original and all 
copies of Study Release 
Action Form DC-356. 

(2) Written verification of 



NORTH CAROLINA REGISTER 



588 



financial assistance; and 
(3) Written verification of 
acceptance by the 
educational institution. 

(c) The Area or Command action 
is to be noted by the Area 
Director or designated official 
in the appropriate section of 
Part F of the Study Release 
Action Form DC-356 . The 
Area/Command action will 
constitute the Department of 
Correction's approval or 
disapproval of applicants for 
both full-time and part-time 
study release. 

(d) The Area or Command Office 
is to distribute the DC-356 
forms as follows : 

(1 ) Two copies (original and 
one copy) to the Education 
Office in Raleigh; 

(2) One copy to the Area 
study release file; and 

(3) One copy to the unit 
jacket . 

(e) The supporting material 
should be returned to the unit 
to be filed in the inmate's 
field jacket as follows: 

(1) One copy of the written 
verification of financial 
assistance; and 

(2) One copy of the written 
verification of acceptance 
by the educational 
institution . 

History Note: Statutory 
Authority G.S. 148-11; 148-13; 
Eff . December 1 , 1986 . 

.1305 REINSTATEMENT 

If an inmate has been on the 
study release program previously 
and wishes to re-apply, comply 
with the regular applicaiton 
procedure. Circle 04 in Section 
"Transactions" at the top of 
Form DC-356. 

History Note: Statutory 
Authority G.S. 148-11; 148-13; 
Eff. December 1 , 1986. 

.1306 STUDY RELEASE FISCAL 
POLICIES AND PROCEDURES 

(a) Inmates in need of 
financial assistance will be 
allowed to seek assistance from 
one or more of the following 
sources : 

( 1 ) Vocational 
rehabilitation , 

(2) Veterans benefits, 

(3) Family donations, 

(4) Personal funds, 

(5) Scholarships, 

(6) Basic education 
opportunity grants, or 

(7) Otlicr authorized sources. 

(b) The program staff at the 
correctional facility or 
institution where the inmate is 



housed shall assist him/her in 
contacting the necessary 
financial source. 

(c) Financial support from any 
of the above-named sources for 
the purpose of study release 
activities, including tuition, 
books, and special equipment, 
shall be paid directly to the 
educational agency by the 
funding source. Financial 
support from funding source's 
paid directly to the inmate will 
be deposited into the inmate's 
trust fund account under a 
separate lodger card identified 
as "Educational Financing", with 
the requirement that withdrawal 
from this account will only be 
authorized by the unit 
superintendent /institution head 
or his designee. Unused funds 
following the completion or 
termination of study release 
will be placed in the inmate's 
regular trust fund account . 

(d) Financial support from the 
sponsoring educational and/or 
training agency where the 
financial support for the 
participant is for work 
performed for the sponsoring 
educational and/or training 
agency by the study release 
participant, such support will 
be deposited directly into the 
inmate's trust fund account. 
Time spent performing work tasks 
must not exceed the number of 
hours spent in class by a study 
release participant . The 
ma.ximum number of working hours 
allowable shall be limited to 
not more than twenty hours per 
week. 

(e) Receipts from study 
release participants as a result 
of their work for employers 
other than the sponsoring 
educational and/or training 
agency shall be handled within 
the framework of the Work 
Release Program. Under this 
condition, an inmate must be 
appropriately approved for the 
Work Release Program prior to 
initiating a combined Study/ Work 
Release Program. All 
guidelines, including financial 
and programmatic requirements, 
will be applied and 
participation in the Work 
Release Program is to be assured 
prior to the initiation of the 
program. If the participation 
in work release is part-time, 
per diem will be deducted at the 
rate of eight hours per diem for 
every eight hours of work 
release participation. 

History Note: Statutory 
Authority G.S. 148-11; 148-13; 
Eff. December 1, 1986. 



589 



NORTH CAROLINA REGIJTER 



.1307 CHANGE IN EDUCATION PLAN 
If there is any change in the 
inmate's course of study or 
education plan, the sponsoring 
unit/institution is requested to 
do the following: 

( 1 ) Complete a new Study 
Release Action Form (DC-356), 
circle 02 in section 
"Transactions", designate the 
name and number of the inmate 
in Part A, and note the 
change in Part C; and 

(2) Forward the original and 
all copies of the new Form 
DC-355 according to the 
procedures set forth in Rule 
.1304. of this Section. 

History Note : Statutory 
Authority G.S. 148-11; 148-13; 
Eff. December 1, 1986. 

.1308 AFTER THE INMATE IS 
APPROVED FOR STUDY RELEASE 

The following information is to 
be forwarded to the Education 
Office in Raleigh, with the 
inmate's 15 - digit number 
written on all of the following: 

(1) A copy of the quarter 
or semester grades; 

(2) A copy of diplomas 
or certificates; and 

(3) Academic or other 

honors (Dean's list, elected 
officer, etc . ) . 

History Note: Statutory 
Authority G.S. 148-11; 148-13; 
Eff. December 1, 1986. 

.1309 REMOVAL FROM OR 
COMPLETION OF 
STUDY RELEASE 

(1) Part E of a new Study 
Release Action Form (DC-356) 
is to be completed by the 
superintendent or designated 
official if any inmate is 
removed from study release 
for any of the following 
reasons : 

(a) Completed study (i.e., 
graduated) ; 

(b) Disciplinary reasons; 

(c) Parole/Conditional 
Release ; 

(d) Escape; 

(e) Release; 

(f) Failure to meet academic 
requirements of the 
educational institution; and 

(g) Other (inmate put on 
release, voluntarily 
terminated study release, 
never placed on study 
release ) . 

(2) Circle 03 section 
"Transactions" on Form 
DC-356. 

(3) Note the name and number 



of the inmate in Part A of 
Form DC-356. 

(4) The superintendent or 
designated official is to 
note his approval or 
disapproval of the action in 
Part F. 

(5) The original and all 
copies are to be forwarded to 
the Area office. 

(6) The Area Administrator 
Command Official, 
Correctional Programs 
Director, or designated 
official is requested to note 
his/her approval or 
disapproval of the action in 
Part F. 

(7) The Area or Command 
officials are to distribute 
Form DC-356 according to the 
procedure established in Rule 
.1304 of this Section. 

History Note: Statutory 
Authority G.S. 148-11; 148-13; 
Eff. December 1, 1986. 

SUBCHAPTER 2H -RELIGIOUS 
PRACTICE 

SECTION .0100 - ISLAMIC SERVICES 
AND PRACTICES 

.0101 GENERAL 

The purpose of this policy is 
to provide information and 
guidelines for administration 
and staff on the practice of the 
Islamic faith by those holding 
such beliefs within the Division 
of Prisons. The basic tenets 
and practices of the Islamic 
faith include: 

(1) Declaration of Faith; 

(2) Prayer; 

(3) Charity; 

(4) Fasting; and 

(5) Pilgrimage (not permitted 
during confinement ) . 

History Note: Statutory 
Authority G.S. 148-1 1 ; 
148-24; 
Eff. December 1, 1986. 

.0102 MEMBERSHIP 

A written Declaration of Faith 
for purposes of religious 
identification may be made 
voluntarily by any inmate in the 
Division of Prisons who desires 
to be a Muslim. The inmate 
making the declaration may 
obtain declaration forms from 
the Office of Islamic Services 
Coordinator, with one copy 
placed on file in the Office of 
Islamic Services Coordinator or 
the Unit Chaplain's office for 
religious purposes. 

History Note: Statutory 
Authority G.S. 148-1 1 ; 



NORTH CAROLINA REGISTER 



590 



148-24; 

Eff. December 1, 1986. 

.0103 ISLAMIC PRACTICES 
(a) Prayers . 

(1) Daily Prayers. According 
to prescribed Islamic 
schedule, the Muslim should 
be given the opportunity to 
offer the five daily prayers 
which occur: 

(A) up to one hour 
before sunrise; 

(B) early afternoon 
(noon to 2:30 p.m.); 

(C) late afternoon 
(2:30 p.m. to sunset); 

(D) after sunset; and 

(E) before retiring. 

Time for accomplishing these 
prayers ranges from five to 
fifteen minutes. Prayers 
may be done before normal 
working hours, during the 
noon hour, at breaks from 
work or study, or after the 
working day. Ablution, or 
ceremonial washing, is 
normally required before 
prayers. Where feasible, 
inmates should be given 
access to water in a way to 
accomplish ablutions. The 
five daily prayers are 
preferably done in 
congregation but may be done 
individually in cells, 
dormitories, or an available 
clean area which does not 
negatively affect the 
security or management of 
the institution. 

(2) Jumah . Provisions should 
be made for Muslim inmates 
in the regular population to 
observe Jumah, the Friday 
Congregational Prayer for 
the Islamic Holy Day, for a 
period of one hour to begin 
not earlier than 11:00 a.m., 
and to conclude not later 
than 2:30 p.m. Efforts 
should be made to schedule 
Jumah to minimize conflicts 
with work, education. and 
program activity, and to 
maximize the opportunity for 
Muslin inmates to choose to 
attend . 

(A) The Jumah Service will 
be supervised by the unit 
chaplain or other unit 
personnel and will be 
conducted by an Islamic 
chaplain, an Iman from the 
community, or an approved 
Muslin inmate prayer 
leader . 

(B) Selection, training, 
certification, and 
religious supervision of 
inmate prayer leaders will 
be the i-csponsibil ity of 
the coordinator of Islamic 



Services. Inmate prayer 
leaders will be selected 
based on their knowledge 
of the faith, sincerity, 
emotional maturity, 
positive leadership and 
responsible behavior. 
Certification of the 
inmate prayer leader is 
subject to the approval of 
the Unit Superintendent. 

(b) Zaket (Charity). Money 
collected for charity and the 
propagation of the faith may be 
permitted, using the trust fund 
accounting system as with other 
inmate organizations. 

(c) Ramadan (Fasting). 
Provisions shall be made for 
Muslims to fast during the 
Islamic month of Ramadan. As a 
result of the rotation of the 
months of the Islamic Calendar, 
the date of the fast will be 
sent out prior to the beginning 
of Ramadan by the Director of 
Prisons on recommendation of the 
Islamic Services Coordinator. 

( 1 ) In the development of 
guidelines for Islamic 
inmates participating in 
Ramadan, the following 
activities are the only 
authorized observances: 

(A) Muslims desiring to 
observe Ramadan shall make 
their intentions known in 
writing to the unit 
superintendent one week 
prior to the beginning of 
Ramadan. Those 
transferred during Ramadan 
should be allowed to 
continue the fast from the 
previous unit. 

(B) The observance of 
Ramadan will not interfere 
with regular work or 
program assignments. 

(C) The regular menu will 
be the source of all food 
for inmates observing 
Ramadan with the 
traditional exception of 
pork and pork derivatives. 
Every reasonable effort 
will be made within the 
Division of Prisons to 
make the morning and 
evening meals available on 
a timely basis consistent 
with unit operations. 

(D) Since the purpose of 
Ramadan is to develop 
individual discipline and 
self-restraint, it is not 
necessary to monitor the 
participation of 
indivudual inmates unless 
this activity causes a 
security problem. Islamic 
law states tlie fast shall 
be resumed if it is broken 
becaurio of illness. 



591 



NORTH CAROLINA REGISTER 



arduous work, travel or 
extreme discomfort . 
(2) The following activities 
shall be authorized for 
inmates who have requested 
participation in Ramadan: 

(A) Muslim inmates sliall be 
permitted to fast during 
the daylight hours and to 
observe prescribed times 
of prayer and reading of 
the Holy Quran 
individually after lockup 
provided the required work 
schedules and other 
activities have been 
accomplished . 

(B) A morning meal to be 
eaten before davm , and an 
evening meal immediately 
after sunset are to be 
made available to those 
inmates observing the 
fast. Specific times for 
these meals vjill be 
contained in the 
memorandum from the 
director's office. 

(i) Inmates observing 
the fast may be 
authorized to eat with 
the kitchen crew before 
dav;n; 

(ii) A pack-out meal 
may be provided the 
night before or before 
dawn; 
(iii) Inmates observing 
the fast are authorized 
to be served in the 
dining hall from the 
regular menu; 
( iv ) Pack-out meals may 
be provided in a 
suitable location; 
(v) The evening meal 
should include a balance 
of non-pork meat , 
vegetables. bread, 
fruit, milk, and liquids 
to maintain nutritional 
balance. The place and 
method of providing the 
meal is to be determined 
by opearational staff 
and based on 
considerations related 
to security, hygiene, 
orderly administration, 
and the morale of the 
prison population. 

(C) At least one of these 
two meals should be served 
hot, if at all possible. 

(D) The observance of one 
special day during Ramadan 
shall be authorized for 
congregational gathering 
of Muslim inmates with 
community ministers or 
staff to be available to 
supervise the service. 
The Night of Power is the 
observance of the night in 



which the first 
revelations of the Quran 
began during Ramadan. 
This observance is marked 
by prayer and Quranic 
reading after sunset top 
be supervised by staff, 
staff chaplains, or 
volunteer Muslim Imans . 
The specific date and time 
will be in a memorandum to 
be issued by the director. 
(E) Religious Holidays. 

The observance of two 
holidays following Ramadan 
shall be authorized for 
congregational gathering 
of Muslim inmates with 
community ministers or 
staff to be available to 
supervise the services. 
These days are: 
(i) Eid al Fitr (Prayer 
and Feast of the Fast 
Breaking). This 

celebration consists of 
a prayer service to be 
held before noon and a 
special meal on that 
day. The prayer service 
should last no more than 
one hour. The prayer 
services should occur in 
the morning before noon 
on the day after the 
last fasting day while 
the special meal may be 
on any one of the first 
three days after the 
last fasting day. The 
celebration meal may 
consist of the regular 
menu enhanced by fruit 
punch and other special 
food items available if 
the local Islamic 
community is able to 
assist. Only one day 
may be selected. A 
final determination of 
the day of the fast 
shall be based on unit 
operations by the unit 
superintendent or 
institution head, 
(ii) Eid al Adha 
(Celebration of the 
Sacrifice of Abraham). 
This celebration follows 
tlie end of Ramadan by 
approximately ten weeks. 
The specific date will 
be issued in a 
memorandum from the 
director. The 

observance consists of a 
prayer service to be 
held before noon, and 
lasting no more than one 
hour. A special meal is 
to be served to those 
persons of the Islamic 
faith. The meal may 
consist of the regular 



NORTH CAROLINA REGISTER 



592 



menu enhanced by fruit 
punch and other special 
items. Special food 
items may be prepared if 
a local Islamic 
community is available 
to assist. 

History Note: Statutory 
Authority G.S. 148-11; 148-24; 
Eff. December 1, 1986. 

.0104 ISLAMIC DIET 
Dietary policy for Islamic 
inmates whose religious beliefs 
prohibit the consumption of pork 
and pork derivatives are 
codified in 5 NCAC 2E .0102. 

History Note: Statutory 
Authority G.S. 148-11; 148-24; 
Eff. December 1, 1986. 

.0105 APPROVED RELIGOUS 
PARAPHERNALIA 

(a) Prayer Rugs - Muslim 
inmates shall be allowed to 
purchase with their own funds a 
prayer rug not to exceed 
twenty-two inches by forty-four 
inches . Approved order forms 
and distributors will be 
utilized for the purchase. 

(b) Kufi Prayer Caps 

- Muslim inmates may possess and 
wear Kufis for prayer and 
religious services. Kufis may 
be worn as part of daily dress 
in the same manner as other caps 
are worn throughout the Division 
of Prisons. Kufis shall be 
removed for search and shall not 
be worn in dining halls. Muslim 
inmates may purchase Kufi caps 
with their own funds as with 
other approved personal clothing 
items . 

History Note: Statutory 



Authority G.S. 148-11; 148-24; 
Eff. December 1, 1986. 

TITLE 17 - DEPARTMENT OF REVENUE 

CHAPTER 6 - INDIVIDUAL 
INCOME TAX 

SUBCHAPTER 6B - INDIVIDUAL 
INCOME TAX 

SECTION .3500 - PARTNERSHIPS 

.3501 DEFINITION 

A partnership may be defined, 
generally, as the relationship 
existing between two or more 
persons who join together to 
carry on a trade or business 
vjith each person contributing 
either money, property, labor, 
or skill, and with all of them 
expecting to share in the 
profits and losses of the 
business. For income tax 
purposes, the term "partnership" 
includes, in addition to an 
ordinary partnership, a 
syndicate, group, pool, joint 
venture, common trust fund, 
investment club, or other 
similar organizations which may 
not be classified as a trust, 
estate, or corporation. 

A joint agreement merely to 
share expenses is not a 
partnership. Co-owners and 
tenants in common are not, 
generally, partners; but they 
can be partners if they actively 
carry on a venture together. 

History Note: Statutory 
Authority G.S. 1 05-1 52(a) (3) ; 
105-154(b); 105-142(c) 
105-262; 

Eff. February 1, 1976; 
Amended Eff. December 1, 1986. 



593 



NORTH CAROLINA REGISTER 



NORTH CAROLINA ADMINISTRATIVE CODE 
LIST OF RULES AFFECTED 



EDITION XI, NO. 1 
AGENCY 



GOVERNOR' 
9 



OFFICE 
NCAC 



EFFECTIVE: November 1, 1986 
ACTION TAKEN 



EXECUTIVE ORDER NO. 27 
Eff. September 8, 1986 



HUMAN RESOURCES 

10 NCAC 26D 

INSURANCE 



,0012 



Amended 



1 1 NCAC 


10 


.0304 
.0312 




Temp. Amended 
Temp. Adopted 


LABOR 










13 NCAC 


13 


.0402 




Amended 


NATURAL RESOURCES 


a COMMUNITY DEVELOPMENT 




15 NCAC 


2B 


.0217 
.0301 




Adopted 
Amended 




2D 


.0501 
.0524 
.1002 




Amended 
Amended 
Amended 






.1004- 


.1005 


Amended 




2H 


.0126 
.0404 




Adopted 
Amended 






.0408- 


.0409 


Adopted 




38 


.0101 




Amended 






.0401- 


.0402 


Amended 






.0404 




Amended 






.0504 




Amended 






.0902 




Amended 






.1111 




Amended 






.1501 




Amended 






.1505 




Amended 




7J 


.0409 




Amended 




16D 


.0201 




Temp. Amended 


TRANSPORTATION 










1 9A NCAC 


2B 


.0143 




Amended 


OFFICE OF ADMINISTRATIVE HEARINGS 





Temp. Adopted 



NORTH CAROLINA REGISTER 



594 



TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE 
TITLE DEPARTMENT 



1 
2 
3 
4 
5 
6 
7 
8 
9 
10 

n 

12 
13 
14A 
15 
16 
17 
18 
19A 
20 
K21 
22 
23 
24 
25 
26 



Administration, Department of 

Agriculture, Department of 

Auditor, Department of State 

Commerce, Department of 

Corrections, Department of 

Council of State 

Cultural Resources, Department 

Elections, State Board of 

Governor 

Human Resources, Department of 

Insurance, Department of 

Justice, Department of 

Labor, Department of 

Crime Control, Department of 

Natural Resources and Community Development 

Education, Department of 

Revenue, Department of 

Secretary of State 

Transportation, Department of 

Treasurer, Department of State 

Occupational Licensing Boards 

Administrative Procedures 

Community Colleges, Department of 

Independent Agencies 

Personnel, Department of State 

Office of Administrative Hearings 



NOTE: Title 21 contains the chapters of the various 
occupational licensing boards. 



CHAPTER 

2 

4 

6 

8 
10 
12 
14 
16 
18 
20 
21 
22 
26 
28 
30 
31 
32 
33 
34 
36 
37 
38 
40 
42 
44 
46 
48 
50 
52 
53 
54 
56 
58 
60 
62 
64 

66 



LICENSING BOARD 

Architecture, Board of 

Auctioneers, Commission for 

Barber Examiners, Board of 

Certified Public Accountant Examiners 

Chiropractic Examiners, Board of 

Contractors, Licensing Board for 

Cosmetic Art Examiners, Board of 

Dental Examiners, Board of 

Electrical Contractors, Board of Examiners 

Foresters, Board of Registration for 

Geologists, Board of 

Hearing Aid Dealers and Fitters Board 

Landscape Architects, Licensing Board of 

Landscape Contractors, Registration Board of 

Law Examiners, Board of 

Martial & Family Therapy Certification Board 

Medical Examiners, Board of 

Midwifery Joint Committee 

Mortuary Science, Board of 

Nursing, Board of 

Nursing Home Administrators, Board of 

Occupational Therapist, Board of 

Opticians, Board of 

Optometry, Board of Examiners in 

Osteopathic Examination and Registration 

Pharmacy, Board of 

Physical Therapy, Examining Committee of 

Plumbing and Heating Contractors, Board of 

Podiatry Examiners, Board of 

Practicing Counselors, Board of 

Practicing Psychologists, Board of 

Professional Engineers and Land Surveyors 

Real Estate Commission 

Refrigeration Examiners, Board of 

Sanitarian Examiners, Board of 

Speech and Language Pathologists and 

Audiologists, Board of Examiners of 
Veterinary Medical Board 



595 



NORTH CAROLINA REGISTER 



CUMULATIVE INDEX 
(April 1, 1986 - March 31, 1987) 



1986 



Pages 



Issue 







1-73 


April 






74-97 


May 






98-132 


June 






133-222 


July 






223-379 


August 






380-415 


September 






416-553 


October 






554-598 


November 


AO 


- 


Administrative Order 




C 


- 


Correction 




E 


- 


Errata 




EO 


- 


Executive Order 




FDL 


- 


Final Decision Letters 




FR 


- 


Final Rule 




GS 


- 


General Statute 




JO 


- 


Judicial Order 




LRA 


- 


List of Rules Affected 




M 


- 


Miscellaneous 




PR 


- 


Proposed Rule 




SO 


- 


Statements of Organization 




TR 


- 


Temporary Rule 





ADMINISTRATION 
Office of Marine Affairs, 382 PR 
Purchase and Contract, 423 PR 
State Employees Combined Campaign, 430 PR 

ADMINISTRATIVE ORDERS 
Beecher Reynolds Gray, 47 AO 
Fred Gilbert Morrison, Jr., 48 AO 
Angela Rebecca Bryant, 49 AO 
Thomas R. West, 50 AO 
Abraham Penn Jones, 98 AO 
Administrative Law Judges, 248 AO 
Margaret Eugenia Rogers, 419 AO 
Kenneth Wayne Patterson, 420 AO 

AGRICULTURE 
Dept. of Agriculture, 250 SO, 558 PR 

Food and Drug Protection Division, 99 PR, 255 PR, 557 PR 
Markets, 559 PR 
Plant Industry, 256 PR 
Standards Division, 558 PR 
Structural Pest Control, 557 PR 

COMMERCE 
Cernetary Commission, 559 PR 
Milk Commission, 74 PR, 135 PR, 260 PR 
Savings and Loan, 78 PR, 560 PR 

COMMUNITY COLLEGES 
Community Colleges, 210 PR, 534 PR 

CORRECTION 
Division of Prisons, 213 FR, 347 FR, 575 FR 

CULTURAL RESOURCES 
Archives and History, 78 PR 
Battleship Commission, 388 PR 
Roanoke Voyages & Eliz. II, 261 PR 

EXECUTIVE ORDERS 
Executive Orders 1-25, 23 EO 



NORTH CAROLINA REGISTER 



596 



26, 247 EO 

27, 416 EO 

28, 417 EO 

29, 554 EO 

FINAL DECISION LETTERS 
Voting Rights Act, 249 FDL, 421 FDL, 555 FDL 

GENERAL STATUTES 
Chapter 7A, 21 GS, 244 GS 
Chapter 150B, 3 GS, 226 GS, 380 C 
Chapter 1028, 223 GS 

HUMAN RESOURCES 
Child Day Care, 281 PR 
Children Services, 103 PR 
Facility Services, 270 PR 
Food Assistance, 103 PR 

Health Services, 169 PR, 388 PR, 434 PR, 563 PR 
Individual and Family Support, 103 PR 
Medical Assistance, 181 PR, 389 PR, 501 PR 
Medical Care Commission, 433 PR 
Medical Services, 101 PR 
Mental Health Retardation 

and Substance Abuse, 80 PR, 298 PR, 350 FR, 380 C 
Social Services, 390 PR 
Youth Services, 85 PR, 309 PR 

INSURANCE 
Agency Services, 313 PR 
Company Operations, 503 PR 
Engineering & Building, 321 PR, 564 PR 
Fire and Casualty, 501 PR 
Medical Database, 565 PR 

JUDICIAL ORDERS 
Appointment 
Robert A. Melott, 45 JO 

JUSTICE 
Alarm Systems Licensing, 556 SO 
Education and Training Standards, 322 PR 
Police and Information Network, 107 PR 
Private Protective Services, 556 SO 
Sheriff's Education, 332 PR 

LABOR 
Boiler and Pressure Vessel, 86 PR, 189 PR, 338 PR 
Elevator Division, 517 PR 

LICENSING BOARD 
C P A Examiners, 112 PR, 133 SO, 529 PR 
Dental Examiners, 399 PR, 533 PR 
General Contractors, 573 PR 
Medical Examiners, 92 PR, 399 PR 
Midwifery Joint Committee, 422 SO 
Mortuary Science, 534 PR 
Nursing, 422 SO, 574 PR 
Occupational Therapy, 206 PR 
Pharmacy, 208 PR 

Plumbing and Heating Contractors, 116 PR 
Real Estate Commission, 401 PR 
Veterinary Medical Board, 341 PR 

LIST OF RULES AFFECTED 
Volume 10, No. 1 
(April 1, 1986), 71 LRA 
Volume 10, No . 2 
(May 1 , 1986), 94 LRA 
Volume 10, No . 3 
(June 1, 1986), 127 LRA 
Volume 10, NO. 4 
(July 1 , 1986), 217 LRA 
Volume 10, No . 5 



597 NORTH CAROLINA REGI?TER 



(August 1, 1986), 374 LRA 

Volume 10, No. 6 

(September 1, 1986), 410 LRA 

Volume 10, No. 7 

(October 1, 1986), 548 LRA 

Volume 11, No. 1 

(November 1, 1986), 594 LRA 

MISCELLANEOUS 
Federal Rule Amendment, 381 M 

NATURAL RESOURCES AND COMMUNITY DEVELOPMENT 
Natural Resources & Comunity Development, 133 SO 
Coastal Management, 112 FR, 401 FR, 571 PR 
Departmental Rules, 109 PR, 118 FR 
Economic Opportunities, 528 PR 
Employmental and Training, 111 PR 

Environmental Management, 88 PR, 190 PR, 339 PR, 396 PR, 520 PR 
Forest Resources, 126 FR 
Marine Fisheries, 191 PR 
Soil and Water, 90 PR, 521 PR 
Wastewater Treatment, 397 PR 

Wildlife Resources and Water Safety, 110 PR, 205 PR, 340 PR, 398 PR 
422 SO, 527 PR 

OFFICE OF ADMINISTRATIVE HEARINGS 
Office of Administrative Hearings, 51 SO 
General, 52 PR, 345 PR 

Hearings Division, 61 PR, 345 PR, 369 FR 
Rules Division, 52 PR, 367 FR 
706 Deferral, 543 PR 

REVENUE 
Corporate Income Tax, 350 FR 
Individual Income Tax, 351 FR, 593 FR 
Intangible Tax, 366 FR 
Sales & Use Tax, 363 FR 

SECRETARY OF STATE 
Notary Public, 91 PR, 367 FR 

STATE PERSONNEL 
State Personnel Commission, 343 PR, 538 PR 

STATE TREASURER 
Local Government Commission, 529 PR 

STATEMENTS OF ORGANIZATION 
Agriculture, 250 SO 
Alarm System Licensing, 556 SO 
CPA Examiners, 133 SO 
Midwifery Joint Committee, 422 SO 

Natural Resources and Community Development, 133 SO 
Nursing, 422 SO 

Office of Administrative Hearings, 51 SO 
Private Protective Services, 556 SO 
Wildlife Resources Commission, 422 SO 

TRANSPORTATION 
Department of Transportation, 213 FR, 367 FR, 546 FR 



NORTH CAROLINA REGISTER 598 



W9LZ niii|ujn3 quoN q^ioiBy 

t)99| I JO^AEJQ o d 

sSuuedH aApBJisiuiiupv Jo aoiJJO 



FOLD HERE 



NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE 

ORDER FORM 



'lease enter my subscription for the North Carolina Register to start with the issuf 

$95.00/year subscription) 

'lease enter my subscription for the NCAC in microfiche form starting with the editior 

Published in March and October: $40.00 per edition) 

>enew North Carolina Register [Z Renew NCAC 

•heck Enclosed 11 Please bill me 

»e make checks payable to Office of Administrative Hearings 

E ADDRESS 

STATE ZIP 



<E_ 



irn to Office of Administrative Hearings - fold at line, staple at bottom and affix postage.) 



CHANGE OF ADDRESS: 



Present Address 



NAME 



ADDRESS 



CITY 



STATE 



ZIP 



New Address 



NAME 



ADDRESS 



CITY 



STATE 



ZIP 



Office of Administrative Hearings 

P. O. Drawer 11666 

Raleigh. North Carolina 27604 



"SAFETY m 

THE LAWS" 




US PC 



r-'^S^Wi 



^ 



0. 



H^i 



iRST u.n3S MAIL 



The University of North Carolina 

at Chapel Hill 

Law Library 

Van Hecke-Wettach Building 064 A 

Chapel Hill, N.C, 27514